The preceding question depends again upon the care taken in the investigation of the offence; for one demands naturally much stronger proofs for imposing the death penalty than for inflicting a detention of some months. It is a reason for proportioning the care to the offence, great care taken with an unimportant case inevitably clearing many guilty ones. A law which gives to the judges power of moderating the care in the case of attenuating circumstances is then conformable at the same time to principles of humanity towards the culprit, and to the interest of society. The product of the probability of the offence by its gravity being the measure of the danger to which the acquittal of the accused can expose society, one would think that the care taken ought to depend upon this probability. This is done indirectly in the tribunals where one retains for some time the accused against whom there are very strong proofs, but insufficient to condemn him; in the hope of acquiring new light one does not place him immediately in the midst of his fellow citizens, who would not see him again without great alarm. But the arbitrariness of this measure and the abuse which one can make of it have caused its rejection in the countries where one attaches the greatest price to individual liberty. Now what is the probability that the decision of a tribunal which can condemn only by a given majority will be just, that is to say, conform to the true solution of the question proposed above? This important problem well solved will give the means of comparing among themselves the different tribunals. The majority of a single vote in a numerous tribunal indicates that the affair in question is very doubtful; the condemnation of the accused would be then contrary to the principles of humanity, protectors of innocence. The unanimity of the judges would give very strong probability of a just decision; but in abstaining from it too many guilty ones would be acquitted. It is necessary, then, either to limit the number of judges, if one wishes that they should be unanimous, or increase the majority necessary for a condemnation, when the tribunal becomes more numerous. I shall attempt to apply calculus to this subject, being persuaded that it is always the best guide when one bases it upon the data which common sense suggests to us.