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United States V. Jewell
''United States v. Jewell'', 532 F.2d 697 (9th Cir. 1976), is a criminal case in which the court held that willful ignorance satisfied the requirements of knowledge of a fact. The holding gave rise to the jury instruction known as the ostrich instruction. Jewell was approached in a bar in northern Mexico near the border with the United States, and after being offered marijuana which he declined to buy, was asked if he would drive a car across the border for $100. The car was stopped at customs and marijuana was found in the car in a compartment that Jewell had noticed but not inspected. To be found guilty the law required that he have knowledge of marijuana being in the car. The trial court instructed the jury that the ''"government can complete their burden of proof by proving... if the defendant was not actually aware... his ignorance... was solely and entirely a result of his having made a conscious purpose to and disregard the nature of that which was in the vehicle."'' The ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Kennedy
Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by President Ronald Reagan, and sworn in on February 18, 1988. After the retirement of Sandra Day O'Connor in 2006, he was the swing vote on many of the Roberts Court's 5–4 decisions. Born in Sacramento, California, Kennedy took over his father's legal practice in Sacramento after graduating from Harvard Law School. In 1975, President Gerald Ford appointed Kennedy to the United States Court of Appeals for the Ninth Circuit. In November 1987, after two failed attempts at nominating a successor to Associate Justice Lewis F. Powell Jr., President Reagan nominated Kennedy to the Supreme Court. Kennedy won unanimous confirmation from the United States Senate in February 1988. Following the death of Antonin Scalia in February 2016, Kennedy becam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ostrich Instruction
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.Ostrich Instruction: Deliberate Ignorance as a Criminal Mens Rea, Journal of Criminal Law and Criminology, Volume 81 Issue 2, Summer 1990 Pages 191-234; I P Robbins/ref> It arose from the case of ''United States v. Jewell''.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg Robert I. Weisberg is an American lawyer. He is an Edwin E. Huddleson, Jr. Professor of Law at Stanford Law School, and an expert on criminal law and criminal procedure, as well as a leading scholar in the law and literature movement. Weisberg wa ..., Guyora Binder, /ref> References Legal procedure Juries United States criminal law {{US-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury Instruction
Jury instructions, directions to the jury, or judge's charge are legal rules that jurors should follow when deciding a case. They are a type of jury control procedure to support a fair trial. Description Jury instructions are the set of legal rules governing how jurors should behave when deciding a case, often addressing with whom jurors may discuss the case and how jurors will decide who is guilty. They are a type of jury control procedure, intended to mitigate potential actions of jurors that may prevent a fair trial; the judge provides these instructions to ensure their interests are represented and nothing prejudicial is said. Use United States Under the American judicial system, juries are often the trier of fact when they serve in a trial. In other words, it is their job to sort through disputed accounts presented in evidence. The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wolters Kluwer Law & Business
Wolters Kluwer N.V. () is a Dutch information services company. The company is headquartered in Alphen aan den Rijn, Netherlands (Global) and Philadelphia, United States (corporate). Wolters Kluwer in its current form was founded in 1987 with a merger between Kluwer Publishers and Wolters Samsom. The company serves legal, business, tax, accounting, finance, audit, risk, compliance, and healthcare markets. It operates in over 150 countries. History Early history Jan-Berend Wolters founded the Schoolbook publishing house in Groningen, Netherlands, in 1836. In 1858, the Noordhoff publishing house was founded alongside the Schoolbook publishing house. The two publishing houses merged in 1968. Wolters-Noordhoff merged with Information and Communications Union (ICU) in 1972 and took the name ICU. ICU changed its name to Wolters-Samsom in 1983. The company began serving foreign law firms and multinational companies in China in 1985. In 1987, Elsevier, the largest publishing house in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Willful Ignorance
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. In ''United States v. Jewell'', the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.''Criminal Law – Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> Although the term was originally—and still is—used in legal contexts, the phrase "willful ignorance" has come to mean any situation in which people intentionally turn their attention away from an ethical problem that is believed to be important by those using the phrase (for instance, because the problem is too disturbing for people to want it dominating their thoughts, or from the knowledge that solving the problem would require extens ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Case
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Shirley Hufstedler
Shirley Ann Mount Hufstedler (August 24, 1925 – March 30, 2016) was an American attorney and judge who served as the first United States secretary of education from 1979 to 1981. She previously served as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit from 1968 to 1979. At the time of her presidential cabinet appointment under President Jimmy Carter, she was the highest ranking-woman in the federal judiciary of the United States. Early life and education Hufstedler was born Shirley Ann Mount on August 24, 1925, in Denver, Colorado. Her mother's side of the family emigrated to the United States from Germany and were pioneers in Missouri. Hufstedler's father worked in construction and during the Great Depression the family had to move frequently so he could find work. As a result, she frequently changed schools and towns starting in the second grade. As a child, she lived in New Mexico, Montana, California, and Wyoming. A friend of her fat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Walter Raleigh Ely, Jr
Walter may refer to: People * Walter (name), both a surname and a given name * Little Walter, American blues harmonica player Marion Walter Jacobs (1930–1968) * Gunther (wrestler), Austrian professional wrestler and trainer Walter Hahn (born 1987), who previously wrestled as "Walter" * Walter, standard author abbreviation for Thomas Walter (botanist) ( – 1789) Companies * American Chocolate, later called Walter, an American automobile manufactured from 1902 to 1906 * Walter Energy, a metallurgical coal producer for the global steel industry * Walter Aircraft Engines, Czech manufacturer of aero-engines Films and television * ''Walter'' (1982 film), a British television drama film * Walter Vetrivel, a 1993 Tamil crime drama film * ''Walter'' (2014 film), a British television crime drama * ''Walter'' (2015 film), an American comedy-drama film * ''Walter'' (2020 film), an Indian crime drama film * ''W*A*L*T*E*R'', a 1984 pilot for a spin-off of the TV series ''M*A*S*H'' * ''W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Tyree Sneed III
Joseph Tyree Sneed III (July 21, 1920 – February 9, 2008) was a Republican United States Deputy Attorney General and then a United States circuit judge of the United States Court of Appeals for the Ninth Circuit for nearly 35 years until his death. He was the father of Carly Fiorina, a former CEO of Hewlett-Packard. Early life Joseph Tyree Sneed III was born on July 21, 1920 in Calvert, Texas. He was the son of Cara Carlton (Weber) and Harold Marvin Sneed (January 6, 1883 – Dec 27, 1934), a rancher and landowner. He spent his youth working summers as a cowboy on his uncle's ranch in the Texas Panhandle. Sneed received his Bachelor of Business Administration degree from Southwestern University in 1941. He served as a Staff Sergeant in the Army Air Corps during World War II. Sneed attended the University of Texas School of Law, where he received his Bachelor of Laws, Order of the Coif in 1947. He was also a visiting student at the London School of Economics and the Universit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James R
James is a common English language surname and given name: *James (name), the typically masculine first name James * James (surname), various people with the last name James James or James City may also refer to: People * King James (other), various kings named James * Saint James (other) * James (musician) * James, brother of Jesus Places Canada * James Bay, a large body of water * James, Ontario United Kingdom * James College, a college of the University of York United States * James, Georgia, an unincorporated community * James, Iowa, an unincorporated community * James City, North Carolina * James City County, Virginia ** James City (Virginia Company) ** James City Shire * James City, Pennsylvania * St. James City, Florida Arts, entertainment, and media * ''James'' (2005 film), a Bollywood film * ''James'' (2008 film), an Irish short film * ''James'' (2022 film), an Indian Kannada-language film * James the Red Engine, a character in ''Thomas the Tank En ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Goodwin
Alfred Theodore Goodwin (June 29, 1923 – December 27, 2022) was an American jurist who was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and also a district judge of the United States District Court for the District of Oregon. Goodwin wrote the majority opinion for the Ninth Circuit in the famous pledge of allegiance case that was decided by the United States Supreme Court as '' Elk Grove Unified School District v. Newdow''. Goodwin found that the recitation of the Pledge with the words "under God" violated the Establishment Clause, but the Supreme Court reversed his ruling. Goodwin famously wrote, "A profession that we are a nation 'under God' is identical, for Establishment Clause purposes, to a profession that we are a nation 'under Jesus,' a nation 'under Vishnu,' a nation 'under Zeus,' or a nation 'under no god,' because none of these professions can be neutral with respect to religion." Education and career Born on June 29 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
