“It is more dangerous that even a guilty person should be punished without the forms of law than that he should escape.”

Thomas Jefferson

Explore This Quote Further

Quote by Thomas Jefferson: “It is more dangerous that even a guilty person s… - Image 1

Similar quotes

“Whereas it appeareth that however certain forms of government are better calculated than others to protect individuals in the free exercise of their natural rights, and are at the same time themselves better guarded against degeneracy, yet experience hath shewn, that even under the best forms, those entrusted with power have, in time, and by slow operations, perverted it into tyranny; and it is believed that the most effectual means of preventing this would be, to illuminate, as far as practicable, the minds of the people at large, ....whence it becomes expedient for promoting the publick happiness that those persons, whom nature hath endowed with genius and virtue, should be rendered by liberal education worthy to receive, and able to guard the sacred deposit of the rights and liberties of their fellow citizens, and that they should be called to that charge without regard to wealth, birth or accidental condition of circumstance.”


“Were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter.”


“4. Religion. Your reason is now mature enough to examine this object. In the first place, divest yourself of all bias in favor of novelty & singularity of opinion... shake off all the fears & servile prejudices, under which weak minds are servilely crouched. Fix reason firmly in her seat, and call to her tribunal every fact, every opinion. Question with boldness even the existence of a God; because, if there be one, he must more approve of the homage of reason, than that of blindfolded fear. You will naturally examine first, the religion of your own country. Read the Bible, then as you would read Livy or Tacitus. The facts which are within the ordinary course of nature, you will believe on the authority of the writer, as you do those of the same kind in Livy and Tacitus. The testimony of the writer weighs in their favor, in one scale, and their not being against the laws of nature, does not weigh against them. But those facts in the Bible which contradict the laws of nature, must be examined with more care, and under a variety of faces. Here you must recur to the pretensions of the writer to inspiration from God. Examine upon what evidence his pretensions are founded, and whether that evidence is so strong, as that its falsehood would be more improbable than a change in the laws of nature, in the case he relates. For example in the book of Joshua we are told the sun stood still several hours. Were we to read that fact in Livy or Tacitus we should class it with their showers of blood, speaking of statues, beasts, &c. But it is said that the writer of that book was inspired. Examine therefore candidly what evidence there is of his having been inspired. The pretension is entitled to your inquiry, because millions believe it. On the other hand you are astronomer enough to know how contrary it is to the law of nature that a body revolving on its axis as the earth does, should have stopped, should not by that sudden stoppage have prostrated animals, trees, buildings, and should after a certain time have resumed its revolution, & that without a second general prostration. Is this arrest of the earth's motion, or the evidence which affirms it, most within the law of probabilities? You will next read the New Testament. It is the history of a personage called Jesus. Keep in your eye the opposite pretensions: 1, of those who say he was begotten by God, born of a virgin, suspended & reversed the laws of nature at will, & ascended bodily into heaven; and 2, of those who say he was a man of illegitimate birth, of a benevolent heart, enthusiastic mind, who set out without pretensions to divinity, ended in believing them, and was punished capitally for sedition, by being gibbeted, according to the Roman law, which punished the first commission of that offence by whipping, & the second by exile, or death in fureâ....Do not be frightened from this inquiry by any fear of its consequences. If it ends in a belief that there is no God, you will find incitements to virtue in the comfort and pleasantness you feel in its exercise, and the love of others which it will procure you... In fine, I repeat, you must lay aside all prejudice on both sides, and neither believe nor reject anything, because any other persons, or description of persons, have rejected or believed it... I forgot to observe, when speaking of the New Testament, that you should read all the histories of Christ, as well of those whom a council of ecclesiastics have decided for us, to be Pseudo-evangelists, as those they named Evangelists. Because these Pseudo-evangelists pretended to inspiration, as much as the others, and you are to judge their pretensions by your own reason, and not by the reason of those ecclesiastics. Most of these are lost...[Letter to his nephew, Peter Carr, advising him in matters of religion, 1787]”


“We are afraid of the known and afraid of the unknown. That is our daily life and in that there is no hope, and therefore every form of philosophy, every form of theological concept, is merely an escape from the actual reality of what is. All outward forms of change brought about by wars, revolutions, reformations, laws and ideologies have failed completely to change the basic nature of man and therefore of society.”


“The majority, oppressing an individual, is guilty of a crime, abuses its strength, and by acting on the law of the strongest breaks up the foundations of society.”


“The fantastical idea of virtue and the public good being a sufficient security to the state against the commission of crimes...was never mine. It is only the sanguinary hue of our penal laws which I meant to object to. Punishments I know are necessary, and I would provide them strict and inflexible, but proportioned to the crime. Death might be inflicted for murder and perhaps for treason, [but I] would take out of the description of treason all crimes which are not such in their nature. Rape, buggery, etc., punish by castration. All other crimes by working on high roads, rivers, gallies, etc., a certain time proportioned to the offence... Laws thus proportionate and mild should never be dispensed with. Let mercy be the character of the lawgiver, but let the judge be a mere machine. The mercies of the law will be dispensed equally and impartially to every description of men; those of the judge or of the executive power will be the eccentric impulses of whimsical, capricious designing man.”