On the record
A jury, then, in judging whether an accused person knew his act to be illegal, were bound first to use their own judgments, as to whether the act were intrinsically criminal.
Said by
Lysander Spooner
Source
gutenberg.orgLysander Spooner: “A jury, then, in judging whether an accused person knew his act to be illegal, were bound first to use their own…”
Editor's note · Context
He highlights that juries must use their judgment to assess whether an accused person recognized their act as illegal.
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Proud from victory, and with their swords in their hands, would they surrender their liberties to a private man?
The will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.
All other laws, it is optional with each man to obey, or not, as he may choose.
Practically speaking, no government knows any limits to its power, except the endurance of the people.