DOJ-OGR-00008511.jpg
686 KB
Extraction Summary
1
People
1
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
686 KB
Summary
This legal document is a jury instruction (Instruction No. 39) from a criminal case, filed on December 17, 2021. It defines the legal concept of "conscious avoidance" or "willful blindness," explaining to the jury how a defendant's deliberate act of ignoring facts can be considered the legal equivalent of knowledge. The instruction clarifies that this is a factor the jury can use to determine if the defendant acted "knowingly," a required element for the crimes charged by the Government.
People (1)
| Name | Role | Context |
|---|---|---|
| Defendant | Subject of the legal instruction |
The document provides instructions to the jury on how to determine if the 'Defendant' acted knowingly by using the co...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
Mentioned as the party responsible for proving that the Defendant acted knowingly.
|
Timeline (1 events)
2021-12-17
Document 562, which includes Instruction No. 39 on Conscious Avoidance, was filed in Case 1:20-cr-00330-PAE.
Relationships (1)
The document outlines the Government's burden of proof against the Defendant in a criminal case.
Key Quotes (3)
"The law calls this “conscious avoidance” or “willful blindness.”"Source
— The Court / Author of the instruction
(Defining the legal term for willfully and intentionally remaining ignorant of a material fact to escape criminal consequences.)
DOJ-OGR-00008511.jpg
Quote #1
"if you find beyond a reasonable doubt that the Defendant was aware that there was a high probability a crime was being committed, but that the Defendant deliberately and consciously avoided confirming this fact... then you may treat this deliberate avoidance of positive knowledge as the equivalent of knowledge..."Source
— The Court / Author of the instruction
(Instructing the jury on the conditions under which they can equate deliberate avoidance of knowledge with actual knowledge.)
DOJ-OGR-00008511.jpg
Quote #2
"In other words, a defendant cannot avoid criminal"Source
— The Court / Author of the instruction
(Summarizing the principle that a defendant cannot escape criminal liability through willful ignorance. The sentence is cut off in the document.)
DOJ-OGR-00008511.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,982 characters)
Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 55 of 82
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
OTHER INSTRUCTIONS
Instruction No. 39: Conscious Avoidance
This concludes my instructions on the crimes charged in the Indictment, but before I move onto my remaining instructions, I want to now instruct you on the concept of conscious avoidance.
As I have explained, each of the counts charged in the Indictment requires the Government to prove that the Defendant acted knowingly, as I have already defined that term.
If a person is actually aware of a fact, then she knows that fact. But, in determining whether the Defendant acted knowingly, you may also consider whether the Defendant deliberately closed her eyes to what otherwise would have been obvious.
To be clear, the necessary knowledge on the part of the Defendant with respect to any particular charge cannot be established by showing that the Defendant was careless, negligent, or foolish. However, one may not willfully and intentionally remain ignorant of a fact material and important to her conduct in order to escape the consequences of criminal law. The law calls this “conscious avoidance” or “willful blindness.”
An argument by the Government of conscious avoidance is not a substitute for proof; it is simply another factor that you, the jury, may consider in deciding what the Defendant knew.
Thus, if you find beyond a reasonable doubt that the Defendant was aware that there was a high probability a crime was being committed, but that the Defendant deliberately and consciously avoided confirming this fact, such as by purposely closing her eyes to it or intentionally failing to investigate it, then you may treat this deliberate avoidance of positive knowledge as the equivalent of knowledge, unless you find that the Defendant actually believed that she was not engaged in such unlawful behavior. In other words, a defendant cannot avoid criminal
54
DOJ-OGR-00008511
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document