Jury Instruction - Intentional Violation Of A Known Legal Duty - As Proof Of Willfulness
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FAQ
Many criminal offenses require "specific intent" on the part of the accused regarding his or her actions.Specific intent, however, can seldom be proven by direct evidence: Intent must be proved by the reasonable inferences shown by the evidence and the surrounding circumstances.
An act is done 'willfully' if done voluntarily and intentionally and with the specific intent to do something the law forbids. There is no requirement that the government show evil intent on the part of a defendant in order to prove that the act was done 'willfully. '
Proving Intent in Court Since intent is a mental state, it is one of the most difficult things to prove. There is rarely any direct evidence of a defendant's intent, as nearly no one who commits a crime willingly admits it. To prove criminal intent, one must rely on circumstantial evidence.
General intent crimes require no further mental state beyond a willingness to commit a crime. Usually a definition of a general intent crime describes only a specific act, and does not include a need for an intent to commit the crime.
The crimes that are generally easier to prove the intent would be the general intent and liability crimes. These are considered easier, because the prosecutor is not required to prove the defendant's intent at the time of the crime, but just the fact that they committed the crime that was against the law.
The important difference between willfully as defined in this instruction and the most frequently used definition of knowingly, as stated in Instruction 5.02, is that willfully requires proof beyond a reasonable doubt that the defendant knew his or her conduct was unlawful and intended to do something that 16 Page 17
A party's intention to knowingly and deliberately act or refrain from acting in a particular manner or to achieve a particular result.