5.7 Knowingly-Defined
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FAQ
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
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 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 so-called "ostrich instruction" informs a jury that actual knowledge and deliberate avoidance of knowledge are the same.
If a judge gives the jury the wrong legal standards to apply or otherwise improper instructions, they may find a defendant guilty when they should have reached a different verdict. If the judge in your case gave the jury incomplete or incorrect instructions, you may appeal your conviction and seek a new trial.
Also referred to as willful ignorance, this is described as a situation in which a person will intentionally shield themselves from acknowledging information that might make them liable in a civil or criminal case, even denying these facts to themselves.
