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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They are every day committing errors, which would be crimes, but for their ignorance of the law.
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.
In that case the trial is really a trial by the government, and not by the jury.
When two men meet one upon the highway, or in the wilderness, have they a right to dispose of his life, liberty, or property at their pleasure, simply because they are the more numerous party?