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.
Lysander Spooner: “And there is obviously no more difficulty in a jury's determining whether an accused person knew the law in a criminal…”
Editor's note · Context
Spooner argues that juries can determine a defendant's knowledge of the law just as they assess other mental capacities.
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They do not tell us that all liberty and order would be destroyed, that society itself would go to pieces, and man go back to barbarism, if it were not for the care, and supervision, and protection, they lavish upon us.
They do not carry their heads high, above all other men, and demand our reverence and admiration, as statesmen, patriots, and benefactors.
They do not tell us of the almshouses, hospitals, schools, churches, etc., which, out of the purest charity and benevolence, they maintain for our benefit, out of the money they take from us.
When they have once taken our money, they have the decency to get out of our sight as soon as possible; they do not persist in following us, and robbing us, again and again, so long as we produce anything that they can take from us.