Massachusetts Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
The so-called "ostrich instruction" informs a jury that actual knowledge and deliberate avoidance of knowledge are the same.
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.
Also known as a ?willful blindness? or ?deliberate indifference? instruction in many federal circuits, an ostrich instruction is a jury instruction given when a criminal defendant claims a lack of guilty knowledge about the crime but there is some evidence the defendant deliberately elected to remain ignorant to avoid ...
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.
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.
A charge is proved beyond a reasonable doubt if, after you have compared and considered all of the evidence, you have in your minds an abiding conviction, to a moral certainty, that the charge is true.
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.