Wyoming Jury Instruction - Deliberate Ignorance - As Proof Of Knowledge
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FAQ
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 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.
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 ignorance in willful ignorance is an unusual kind of ignorance. It cannot involve the subject being oblivious to the truth, or disbelieving it, as in normal cases of ignorance. S must at least have an inkling of the truth. But he must not know or believe the truth, lest we lose the right to call him ignorant.
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.
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 ?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.