Hawaii 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 Ninth Circuit explained: A deliberate ignorance?or "willful blindness"?instruction is only relevant if the jury rejects the government's evidence of actual knowledge. United States v. Heredia, 483 F.
Ralph Hertwig: To give an example, if somebody takes an HIV test and then decides that they do not want to know the result and has unprotected sex, most of us would consider this to be morally highly problematic. In this case, the person who is deliberately ignorant would accept that they might be harming others.
Second, the reasons behind deliberate ignorance are diverse, including regulation of negative emotions (e.g., regret, moral outrage, and disappointment), social concerns (e.g., avoiding conflict in the family and at work), epistemic issues (e.g., to what extent the information contained in the files can be taken as ...
The ?willful ignorance doctrine? refers to the rule that juries may convict a defendant of a knowledge crime even if he was only willfully ignorant of the inculpatory proposition.
The deliberate ignorance instruction should be given only when evidence has been presented showing the defendant purposely contrived to avoid learning the truth. The defendant must deny knowledge and must engage in conduct which includes deliberate acts to avoid actual knowledge of the operant fact.
The Ninth Circuit explained: A deliberate ignorance?or "willful blindness"?instruction is only relevant if the jury rejects the government's evidence of actual knowledge. United States v. Heredia, 483 F.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.