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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.
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 ...
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 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 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.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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.