The jury, not being bound, in a criminal case, by the authority of an unjust law, judge the act on its merits, and acquit the defendant thus declaring that he was not bound to submit to the same law which the jury, in the civil suit, had, by their judgment, declared that he was bound to submit to.
Lysander Spooner: “The jury, not being bound, in a criminal case, by the authority of an unjust law, judge the act on its merits, and…”
Editor's note · Context
Spooner asserts that juries can judge the merits of an act in criminal cases, independent of unjust laws.
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They do not tell us that they have established infallible supreme courts, to whom they refer all questions as to the legality of their acts, and that they do nothing that is not sanctioned by these courts.
In short, they acknowledge themselves hostes humani generis: enemies of the human race.
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.
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.