Ohio Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
In criminal law, although ignorance may not clear a defendant of guilt, it can be a consideration in sentencing, particularly where the law is unclear or the defendant sought advice from law enforcement or regulatory officials.
There must be a finding of subjective suspicion on the part of the accused. The test is not objective. It does not matter whether the accused "should have", or "normally" would have, known the fact at issue. The determination of wilful blindness is contextual and must be made in "light of all the circumstances".
Willful ignorance occurs when individuals realize at some level of consciousness that their beliefs are probably false, or when they refuse to attend to information that would establish their falsity. People engage in willful ignorance because it is useful.
Deniability refers to one's capacity to deny guilty knowledge truthfully. Clearly, deniability is a state of affairs desirable almost beyond price, and not only for lawyers, politicians, and executives.
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.
If there's any willful ignorance here, it's only of those facts' finer or explicit details. For example, when there is explicit evidence that will settle a disagreement between two people, but one of them refuses to look at it because they believe it will prove them wrong.
In what follows, the phrase "the willful ignorance doctrine" is. used to refer to the rule that juries may find the defendant to. possess the requisite knowledge for a crime merely on the ground. that he was willfully ignorant of the relevant fact.
Clear and convincing evidence A standard that requires proof offered in a case to be highly likely or certain ? more than a preponderance of evidence, but less than beyond a reasonable doubt.
