Marcus Tullius Cicero Quotes
An innocent man, if accused, can be acquitted; a guilty man, unless accused, cannot be condemned. It is, however, more advantageous to absolve an innocent than not to prosecute a guilty man.
Cicero, Marcus Tullius. Pro Roscio Amerino. Translated by J. H. Freese, Harvard UP, 1930, p. 177.
Reaction to the indictments of several of his political associates who were subsequently convicted after this statement:
He was one of the few “national security hawks” who was willing to place this issue in the public table. In the 21st Century, there were some Muslims living in Democratic countries who were or had just become radical Islamic extremist jihadist by religious belief and philosophy. Some would preach or advocate violence in terrorism against Democracy and the west. Many of these people with radical Islamic beliefs would give material aid and comfort to terrorists and some would themselves engage in terrorist activities themselves. When they did, it was too late to prevent tragedies. So there was this population of emotional and intellectual terrorists who could act on their beliefs at any moment. These are what Hayden referred to as the “not yet guilty”. Preventive detention could protect against serious terrorist attacks. But the legal system of virtually every democracy had no legal bases to incarcerate or move against anyone for his/her beliefs or speech. Criminal charges required action other than thoughts, beliefs or speech. But by waiting until there is terrorist action, the law enforcement authorities give up the ability to prevent the terrorist action. Some were advocating changes in this fundamental and traditional distinction of law enforcement.
This is one of the many statements of President Bush that contributed to his reputation as a polarizing politician. His supporters turned to this statement to illustrate that Bush was a supporter of the Constitution and civil liberties by urging the nation not to engage in vigilantism or give vent to their stereotypic views of minorities. Detractors took the same statement as a perfect example of Bush’s assault on Constitutional freedoms. Law enforcement does not determine guilt or innocence in our system. Police and prosecutors in America do not determine guilt or innocence; juries do. They argue that the Bush administration law enforcement policies are designed to have law enforcement usurp more and more of this facet of criminal justice.
This quotation has become an operational principle of most justice systems of industrial democracies.
Marcus Tullius Cicero was a Roman statesman, orator, lawyer and philosopher, who served as consul in the year 63 BC. He came from a wealthy municipal family of the Roman equestrian order, and is considered one of Rome's greatest orators and prose stylists.
