Most of the cases where Blackstone's forumulation comes in are where the justice system thinks its job done after the innocent is punished. Texas, for instance,

Most of the cases where Blackstone's forumulation comes in are where the justice system thinks its job done after the innocent is punished. Texas, for instance, has resisted the checking of DNA evidence because (in part) it would bring up the emotional wounds to the victim. In that case, however, you are not punishing one innocent and ten guilty men; you are punishing one innocent and letting the guilty go free.