The Kurtis Monschke Story Part 2
by Pastor Mark Downey
Scripture Reading: Genesis 18:23-32
In criminal law, William Blackstone formulated the principle that: “It is better that ten guilty persons escape than one innocent suffer.” The actual numbers or ratio is not as important as the idea that the State should not cause undue or mistaken harm "just in case." Historically, the details of the ratio change, but the message that government and the courts must err on the side of innocence is constant. The concept is much older than The Commentaries on the Laws of England, which is why I choose today's Scripture in Genesis 18, about the destruction of Sodom which, it must be noted, God did eventually destroy, but with the innocent getting out of Dodge beforehand. Similarly, we are told in Rev. 18:4 to, “Come out of her [Mystery Babylon] My people [Israel]... that ye receive not of her plagues.” Blackstone's maxim was also absorbed into American common law, cited repeatedly by our Founding Fathers, later becoming a standard drilled into law students all the way into the 21st century. I would be shocked and dismayed if Kurtis' prosecutors never heard of this fundamental precept of law. Perhaps it's as diminished as one hour of instruction on nutrition in medical schools. Or the spiritual analogy from seminaries that religion is only for people to feel good.