Arizona Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
The ostrich instruction is a jury instruction that the requirement of knowledge to establish a guilty mind (mens rea), is satisfied by deliberate ignorance - deliberate avoidance of knowledge. It arose from the case of United States v. Jewell.
The ostrich instruction is a jury instruction that the requirement of knowledge to establish a guilty mind (mens rea), is satisfied by deliberate ignorance - deliberate avoidance of knowledge. It arose from the case of United States v. Jewell.
In computer science, the ostrich algorithm is a strategy of ignoring potential problems on the basis that they may be exceedingly rare. It is named after the ostrich effect which is defined as "to stick one's head in the sand and pretend there is no problem".
Jury understanding increased to 48% when a sample of jurors were also given a one-page written summary of the judge's legal instructions (Table 1). The study, interestingly, found that younger jurors had the highest level of understanding of the oral instructions on the law (Table 2).
The so-called "ostrich instruction" informs a jury that actual knowledge and deliberate avoidance of knowledge are the same.
A party who has the burden of proof by clear and convincing evidence must persuade you by the evidence that the claim is highly probable. This standard is more exacting than the standard of more probably true than not true, but it is less exacting than the standard of proof beyond a reasonable doubt.
Doctrine" refers to the rule that juries may find a defendant to have possessed the requisite knowledge for a given crime merely on the ground that he was willfully ignorant of the relevant fact. 4 The Supreme Court5 and all the federal courts of appeals6 have endorsed some version of the willful ignorance doctrine.