Ostrich Instruction
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The ostrich instruction is a
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 ...
that the requirement of
knowledge Knowledge can be defined as awareness of facts or as practical skills, and may also refer to familiarity with objects or situations. Knowledge of facts, also called propositional knowledge, is often defined as true belief that is distinc ...
to establish a guilty mind (''
mens rea In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element ...
''), 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 ''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 inst ...
''.''Criminal Law - Cases and Materials'', 7th ed. 2012,
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 m ...
; 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