West Virginia Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
Jury nullification occurs when jurors, based on their own sense of justice, refuse to follow the law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilty.
In all criminal trials the Crown must prove each and every essential element beyond a reasonable doubt. The standard of "reasonable doubt" consists of a doubt based on reason and common sense which must be logically based upon the evidence or lack of evidence. It is not based on "sympathy or prejudice."
Proof beyond a reasonable doubt is proof that leaves you firmly convinced the defendant is guilty. It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation.
Beyond a reasonable doubt: In a criminal case, the accused's guilt must be established "beyond a reasonable doubt." Proof beyond a reasonable doubt is proof that leaves you with an abiding conviction 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.