Utah Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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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 ...
Noun. willful ignorance (uncountable) (idiomatic, law) A decision in bad faith to avoid becoming informed about something so as to avoid having to make undesirable decisions that such information might prompt. synonyms ? Synonyms: vincible ignorance, willful blindness.
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.
"Ostrich policy" is a metaphoric expression referring to the tendency to ignore obvious matters and pretend they do not exist; the expression derives from the supposed habit of ostriches to stick their head in the sand rather than face danger. Ostriches do not actually bury their heads in the sand to avoid danger.
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.
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.
2003) ("An instruction on deliberate ignorance is appropriate only if it is shown that the defendant was aware of a high probability of the fact in question and that the defendant purposely contrived to avoid learning all of the facts in order to have a defense in the event of a subsequent prosecution." (internal ...
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.