Willful Blindness

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Multi-State
Control #:
US-3RDCIR-5-06-CR
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Description

Willful Blindness Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions

Willful Blindness is a term used to describe a state of willfully ignoring or disregarding a potential danger or risk. This can be done consciously or unconsciously, and can occur in both personal and professional contexts. Willful Blindness is usually deliberate, meaning that the individual is aware of the risk or danger posed, but chooses to ignore it in order to avoid taking action. Willful Blindness can lead to serious legal and financial consequences, such as fines and penalties, and can even lead to criminal charges in some cases. There are two main types of Willful Blindness: Legal and Regulatory Willful Blindness, and Personal Willful Blindness. Legal and Regulatory Willful Blindness refers to the conscious decision not to comply with certain laws or regulations, such as anti-money laundering regulations or health and safety regulations. Personal Willful Blindness is when an individual fails to acknowledge a personal risk or danger, such as ignoring signs of abuse or neglect in a relationship.

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FAQ

Willful blindness is a term used in law to describe a situation in which a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themselves unaware of facts that would render them liable or implicated.

Deliberate indifference and contrived ignorance also are used to describe the phenomenon. Unfortunately, there is a great deal of willful blindness in the world today. Willful blindness causes the downfall of an organization's leadership and culture.

To prove ?willful blindness,? the prosecution must show that the defendant subjectively believed that there was a high probability that the relevant fact was true and that the defendant took deliberate actions to avoid learning that fact.

Deliberate indifference and contrived ignorance also are used to describe the phenomenon. Unfortunately, there is a great deal of willful blindness in the world today. Willful blindness causes the downfall of an organization's leadership and culture.

For example, you know that you could ease your diabetes by changing your diet, but you choose not to. It's easy to justify eating poorly "just this once" ? even if you do it every day. But soon enough, this kind of blindness will catch up with you.

To prove ?willful blindness,? the prosecution must show that the defendant subjectively believed that there was a high probability that the relevant fact was true and that the defendant took deliberate actions to avoid learning that fact.

The doctrine of willful blindness imputes knowledge to an accused whose suspicion is aroused to the point where he or she sees the need for further inquiries, but deliberately chooses not to make those inquiries. Wilful blindness has also been described as the state of ?deliberate ignorance? of a certain fact.

The mental culpability (the ?mens rea? element) necessary to convict a defendant of a crime may be established through a judgment of intentional blindness. By proving willful blindness, the defense that the defendant lacked the necessary intent to commit the offense is effectively abandoned.

Willful Blindness As a Way of Satisfying Knowingly. In deciding whether defendant acted knowingly, you may infer that defendant had knowledge of a fact if you find that he/she deliberately closed his/her eyes to a fact that otherwise would have been obvious to him/her.

More info

Willful blindness, also known as conscious avoidance, is a judicially-made doctrine that expands the definition of knowledge to include closing one's eyes to the high probability a fact exists. Note: Willful blindness involves conscious avoidance of the truth and gives rise to an inference of knowledge of the crime in question.It provides a relatively brief but thorough overview that's fairly comprehensive and valuable. Wilful Blindness, How a network of narcos, tycoons and CCP agents Infiltrated the West ; Best Sellers Rank. Willful blindness is a widely observed judicial doctrine. Terms used to identify willful blindness include, "deliberate or willful ignorance," "conscious avoidance," and "deliberate indifference.". Willful blindness is about turning a "blind eye" to problems that require you to take action. Assessing willful blindness involves a highly subjective analysis grounded in the concept of deliberate ignorance. Willful Blindness is a theory of liability in the federal criminal justice system that just doesn't seem fair. What is willful blindness?

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Willful Blindness