And there is obviously no more difficulty in a jury's determining whether an accused person knew the law in a criminal case, than there is in determining any of these other questions that are continually determined in regard to a man's mental capacity.
Spooner argues that juries can determine a defendant's knowledge of the law just as they assess other mental capacities.
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The will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.
And he can rightfully be held to no greater knowledge of the law than this.
And the right is practically established only when and because the government, no longer exists to call it in question.
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.