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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.
The so-called "ostrich instruction" informs a jury that actual knowledge and deliberate avoidance of knowledge are the same.
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 ?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.
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 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 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.