A jury would not only judge what acts were really criminal, but they would judge of the mental capacity of an accused person, and of his opportunities for understand- ing the true character of his conduct.
Spooner states that juries should assess both the criminality of acts and the mental capacity of the accused.
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More from Lysander Spooner
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.
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 attempt to deceive us, or mislead us, or reconcile us to their doings, by any such pretences, impostures, or insults as these.
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.