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Extraction Summary
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Document Information
Type:
Legal document
File Size:
687 KB
Summary
This document is a page from a set of jury instructions in a criminal case (1:20-cr-00330-PAE), filed on December 19, 2021. It specifically details "Instruction No. 39: Conscious Avoidance," explaining the legal concept of "willful blindness." The instruction guides the jury that if they find the defendant was aware of a high probability that a crime was occurring and deliberately avoided confirming the fact, this avoidance can be treated as the legal equivalent of knowledge.
People (1)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the jury instructions, whose state of knowledge is being evaluated by the jury.
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Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | Government agency |
The prosecuting party that must prove the Defendant acted knowingly.
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Timeline (1 events)
2021-12-19
Jury instructions regarding 'Conscious Avoidance' were filed in case 1:20-cr-00330-PAE.
Relationships (1)
The document describes the Government's role in proving its case against the Defendant in a criminal proceeding.
Key Quotes (3)
"The law calls this “conscious avoidance” or “willful blindness.”"Source
— The Court (implied)
(Defining the legal term for willfully and intentionally remaining ignorant of a material fact to escape criminal consequences.)
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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 (implied)
(Instructing the jury on the conditions under which they can equate deliberate ignorance with actual knowledge.)
DOJ-OGR-00008761.jpg
Quote #2
"a defendant cannot avoid criminal engaged in such unlawful behavior."Source
— The Court (implied)
(Concluding the instruction on conscious avoidance, though the sentence appears to be cut off in the document.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (1,921 characters)
Case 1:20-cr-00330-PAE Document 565 Filed 12/19/21 Page 55 of 83
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
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