Across multiple national surveys sampling more than 12,000 people, we have found that a majority of Americans, more than 60 percent, consider false acquittals and false convictions to be equally bad outcomes. Most people are not Blackstonians. They are unwilling to err on the side of letting the guilty go free to avoid convicting the innocent. Indeed, a sizeable minority viewed false acquittals as worse than false convictions; this group is willing to convict multiple innocent persons to avoid letting one guilty person go free. You would not want those people on your jury if you were charged with a crime.

Brandon Garrett & Gregory Mitchell, One of the Most Sacred Premises in American Law Is Bunk, (May 15, 2023).
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