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It is better for 100 guilty men to go free than for one innocent man to be wrongly incarcerated.
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Considering that such a low number of murder and rape cases are actually solved (something like 5-10% last time I looked), the question is kind of moot anyway. If a perp is found, they are taken to court, and there's a strong enough case to convict them, then that in of itself is fairly remarkable. Criminal investigation isn't like CSI. There aren't just billion dollar crime labs sitting around waiting to be activated every time a crime is committed.
Also keep in mind that the majority of felony cases these days settle on plea bargains because the majority of perps are too poor to afford a proper defense, and the DA gives them an impossible choice: a huge amount of jail time if the case goes to court, or a smaller amount of time if they (being innocent) plead guilty.
So in practice our justice system is already sentencing hordes of innocent people to prison simply because of money.
The question, reframed, is basically asking is it better to be innocent until proven guilty or guilty until proven innocent. The former should always be the case and the burden of proof should be high to prevent ruining people's lives. If someone is so obviously a criminal then prove it. If the system can be gamed then it means the system is being ineffectual at proving a case and not that we aren't harsh enough.
Also keep in mind that the majority of felony cases these days settle on plea bargains because the majority of perps are too poor to afford a proper defense, and the DA gives them an impossible choice: a huge amount of jail time if the case goes to court, or a smaller amount of time if they (being innocent) plead guilty.
So in practice our justice system is already sentencing hordes of innocent people to prison simply because of money.
The question, reframed, is basically asking is it better to be innocent until proven guilty or guilty until proven innocent. The former should always be the case and the burden of proof should be high to prevent ruining people's lives. If someone is so obviously a criminal then prove it. If the system can be gamed then it means the system is being ineffectual at proving a case and not that we aren't harsh enough.
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Absolutely agree.
I mean, I think enough investment and research to develop and improve policing methods and such might make that not even a thing, in a literal sense.
But the saying still applies.
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Depends on what they're guilty of, and the duration of the innocent man's incarceration.
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Follow up question, is your answer whatever it is, the same if the accused is or was a police officer?
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If that were the case then we might just as well close down the police departments, get rid of all of the courts and not ever arrest anyone. That way no one would ever be incarcerated who was innocent.