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Legal document
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605 KB
Summary
This document is a page from a legal filing, likely jury instructions, in case 1:20-cr-00330-PAE, filed on December 18, 2021. It explains the legal concept of "conscious avoidance" or "deliberate ignorance" in the context of conspiracy charges. The text instructs the jury on how to determine if a defendant acted knowingly by intentionally avoiding confirmation of facts, while clarifying that this cannot substitute for the requirement that the defendant knowingly and intentionally joined the conspiracy in the first place.
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| Name | Role | Context |
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| Defendant | Defendant |
The subject of the legal instructions, referred to throughout the text as 'she'.
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Timeline (1 events)
Key Quotes (1)
"deliberately closing her eyes,"Source
— Unknown
(A phrase used to describe how a defendant might avoid responsibility for her own conduct by remaining purposefully ignorant of facts.)
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Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 138 of 167
1 responsibility for her own conduct by “deliberately closing her eyes,” or remaining purposefully
2 ignorant of facts which would confirm to her that she was engaged in unlawful conduct.
3 With respect to the conspiracy counts, you must also keep in mind that there is an
4 important difference between knowingly and intentionally participating in a conspiracy, on the
5 one hand—and which I just explained to you—and knowing the specific objective of the
6 conspiracy, on the other. You may consider conscious avoidance in deciding whether the
7 Defendant knew the objective of a conspiracy, that is, whether she reasonably believed that there
8 was a high probability that a goal of the conspiracy was to commit the crime charged as objects
9 of the conspiracy and took deliberate and conscious action to avoid confirming that fact but
10 participated in the conspiracy anyway. But conscious avoidance cannot be used as a substitute
11 for finding that the Defendant knowingly and intentionally joined the conspiracy in the first
12 place. It is logically impossible for a defendant to intend and agree to join a conspiracy if she
13 does not actually know it exists.
14 In sum, if you find that the Defendant believed there was a high probability that a fact
15 was so and that the Defendant took deliberate and conscious action to avoid learning the truth of
16 that fact, you may find that the Defendant acted knowingly with respect to that fact. However, if
17 you find that the Defendant actually believed the fact was not so, then you may not find that she
18 acted knowingly with respect to that fact.
dg
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