Ostrich instruction explained

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.^[1] This principle became established in British courts in the 1860s, and became widespread in the United States in the late 19th century.^[2] The United States Supreme Court upheld it against a constitutional challenge in United States v. Jewell.^[3]

See also

• Consciousness of guilt

Notes and References

1. 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, https://www.ncjrs.gov/App/publications/abstract.aspx?ID=125924
2. Book: The Unknowers: How Strategic Ignorance Rules the World . Linsey . McGoey . Zed Books Ltd. . 2019 . 9781780326382 . 21.
3. Criminal Law - Cases and Materials, 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder,, https://law.stanford.edu/publications/criminal-law-cases-and-materials-7th-edition/