Final answer:
Thomas Jefferson is advocating for due process, which is the legal principle that ensures fair treatment through the judicial system, as reflected in the Fifth and Fourteenth Amendments of the U.S. Constitution.
Step-by-step explanation:
Thomas Jefferson is advocating for due process in the quote, “It is more dangerous that even a guilty person should be punished without the forms of law than that they should escape.” This perspective emphasizes the importance of legal procedures and protections to ensure that an individual's rights are preserved, even at the risk of a guilty person avoiding punishment. The idea aligns with the principles of British Common Law as developed by Sir William Blackstone, who emphasized the presumption of innocence and the concept that it is better for guilty individuals to go free rather than an innocent person to be wrongfully punished (“Blackstone's Formulation”). Furthermore, the importance of due process is enshrined in the United States Constitution, specifically in the Fifth and Fourteenth Amendments, which prohibit the government from depriving individuals of life, liberty, or property without fair and consistent legal procedures.