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659 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Court transcript / jury instructions
File Size:
659 KB
Summary
This document is page 229 of a court transcript (Document 767) from the trial of Ghislaine Maxwell (Case 1:20-cr-00330), filed on August 10, 2022. It contains jury instructions delivered by the judge explaining the legal concept of 'conscious avoidance' in relation to conspiracy charges, clarifying that deliberate ignorance can imply knowledge but cannot substitute for intent to join a conspiracy. The page concludes by introducing Instruction No. 40 regarding Venue and the Southern District of New York.
People (1)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
The subject of the jury instructions regarding 'conscious avoidance' and knowledge of the conspiracy. (Refers to Ghis...
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Footer information.
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| DOJ |
Department of Justice, indicated by Bates stamp prefix DOJ-OGR.
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Timeline (1 events)
2022-08-10
Filing of court transcript containing jury instructions.
Southern District of New York
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in Instruction No. 40 regarding where the unlawful activity must have occurred.
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Key Quotes (4)
"You may consider conscious avoidance in deciding whether the defendant knew the objective of a conspiracy"Source
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Quote #1
"It is logically impossible for a defendant to intend to agree to join a conspiracy if she does not actually know it exists."Source
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Quote #2
"Instruction No. 40: Venue."Source
DOJ-OGR-00017250.jpg
Quote #3
"With respect to each of the counts of the indictment, you must also consider the issue of venue, namely whether any act in furtherance of the unlawful activity charged in that count occurred within the Southern District of New York."Source
DOJ-OGR-00017250.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,695 characters)
Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 229 of 257 3063
LCKCmax9 Charge
LCKCmax9 Charge
1 the one hand - and which I just explained to you - and knowing
2 the specific objective of the conspiracy on the other. You may
3 consider conscious avoidance in deciding whether the defendant
4 knew the objective of a conspiracy, that is whether she
5 reasonably believed that there was a high probability that a
6 goal of the conspiracy was to commit the crime charged as
7 objects of the conspiracy and took deliberate and conscious
8 action to avoid confirming that fact, but participated in the
9 conspiracy anyway. But conscious avoidance cannot be used as a
10 substitute for finding that the defendant knowingly and
11 intentionally joined the conspiracy in the first place. It is
12 logically impossible for a defendant to intend to agree to join
13 a conspiracy if she does not actually know it exists.
14 In sum, if you find the defendant believed there was a
15 high probability that a fact was so and that the defendant took
16 deliberate and conscious action to avoid learning the truth of
17 the fact, you may find that the defendant acted knowingly with
18 respect to that fact. However, if you find that the defendant
19 actually believed the fact was not so, then you may not find
20 that she has acted knowingly with respect to that fact.
21 Instruction No. 40: Venue.
22 With respect to each of the counts of the indictment,
23 you must also consider the issue of venue, namely whether any
24 act in furtherance of the unlawful activity charged in that
25 count occurred within the Southern District of New York. The
2 the specific objective of the conspiracy on the other. You may
3 consider conscious avoidance in deciding whether the defendant
4 knew the objective of a conspiracy, that is whether she
5 reasonably believed that there was a high probability that a
6 goal of the conspiracy was to commit the crime charged as
7 objects of the conspiracy and took deliberate and conscious
8 action to avoid confirming that fact, but participated in the
9 conspiracy anyway. But conscious avoidance cannot be used as a
10 substitute for finding that the defendant knowingly and
11 intentionally joined the conspiracy in the first place. It is
12 logically impossible for a defendant to intend to agree to join
13 a conspiracy if she does not actually know it exists.
14 In sum, if you find the defendant believed there was a
15 high probability that a fact was so and that the defendant took
16 deliberate and conscious action to avoid learning the truth of
17 the fact, you may find that the defendant acted knowingly with
18 respect to that fact. However, if you find that the defendant
19 actually believed the fact was not so, then you may not find
20 that she has acted knowingly with respect to that fact.
21 Instruction No. 40: Venue.
22 With respect to each of the counts of the indictment,
23 you must also consider the issue of venue, namely whether any
24 act in furtherance of the unlawful activity charged in that
25 count occurred within the Southern District of New York. The
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00017250
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