"Better That Ten Guilty Persons Escape Than That One Innocent Suffer” – How Blackstone’s Principle Has Been Reversed in Modern Britain

By Michael Thompson, Founder of the Falsely Accused Network

“It is better that ten guilty persons escape than that one innocent suffer.”

— Sir William Blackstone

⚖️ What Did Blackstone Mean?

Sir William Blackstone was an English jurist whose Commentaries on the Laws of England shaped the moral core of common law. His famous principle stood as a safeguard against state overreach: the justice system should always err on the side of caution. Punishing the innocent is the ultimate failure of any legal system.

In theory, this principle is still quoted in courtrooms and taught in law schools across England and Wales.

In practice? It's been quietly abandoned.

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🚨 A Culture of Presumed Guilt

The criminal justice system in England and Wales increasingly operates on an assumption of guilt—especially when it comes to allegations of domestic abuse, coercive control, or sexual misconduct.

Innocent people are arrested with little or no evidence

Bail conditions are imposed without charge

Employers act pre-emptively

Children are removed based on suspicion alone

This isn't about protecting victims. It's about protecting institutions—from liability, from headlines, from criticism. Justice becomes secondary to risk management.

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🔄 “Believe All Victims” vs Due Process

We’ve shifted from investigating allegations to validating them. The idea of “believe all victims” sounds compassionate, but in practice it obliterates the presumption of innocence.

False allegations are not rare outliers. They are common enough to destroy lives. But even suggesting this is enough to invite accusations of victim-blaming. We’ve created a system that:

Prioritises belief over evidence

Encourages accusation without consequence

Treats denial as proof of guilt

This is not safeguarding. It’s a modern-day witch trial.

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📱 Trial by Media and Mob

Social media and press coverage routinely destroy reputations before a trial even begins. The CPS increasingly pursues cases that are politically safe—not legally sound. Delays in disclosure, mishandled evidence, and collapsing trials are now routine.

Justice is no longer blind. It’s watching TikTok.

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❗ The “Just In Case” Mentality

Police and public services now operate on a “just in case” model:

Arrest him—just in case

Ban him from seeing his kids—just in case

Believe the accusation—just in case

And if he's innocent? That’s unfortunate. But apparently, an acceptable price to pay.

This is exactly what Blackstone warned against.

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⚖️ It's Time to Rebalance the Scales

Justice isn't just about catching the guilty—it's about protecting the innocent. We must:

Restore the presumption of innocence

Hold accusers accountable when they lie

Stop outsourcing decisions to social media

Return to evidence-led policing and prosecution

A society that criminalises the innocent to feel safer is not safe at all. It’s authoritarian.

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✍️ About the Author

Michael Thompson is the founder of the Falsely Accused Network, an organisation supporting people across England and Wales who have been falsely accused of domestic abuse or related offences. FAN provides legal referral services, mental health support, and advocacy for those navigating the justice system.

📧 Email: support@falselyaccusednetwork.co.uk

🌐 Website: www.falselyaccusednetwork.co.uk

📞 Phone: 0204 538 8788