Iowa 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.
The so-called "ostrich instruction" informs a jury that actual knowledge and deliberate avoidance of knowledge are the same.
In computer science, the ostrich algorithm is a strategy of ignoring potential problems on the basis that they may be exceedingly rare. It is named after the ostrich effect which is defined as "to stick one's head in the sand and pretend there is no problem".
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.
Doctrine" refers to the rule that juries may find a defendant to have possessed the requisite knowledge for a given crime merely on the ground that he was willfully ignorant of the relevant fact. 4 The Supreme Court5 and all the federal courts of appeals6 have endorsed some version of the willful ignorance doctrine.
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.
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.