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.
Share
More from Lysander Spooner
The people are no more arrayed against themselves, when a jury puts its veto upon a statute, which the other tribunals have sanctioned, than they are when the same veto is exercised by the representatives, the senate, the executive, or the…
Any restriction upon the exercise of this right is a restriction upon his rightful power of providing for, and accomplishing, his own well-being.
All other laws, it is optional with each man to obey, or not, as he may choose.
And the right is practically established only when and because the government, no longer exists to call it in question.