Pattern Criminal Jury Instructions of the KNOWINGLY—DELIBERATE IGNORANCE

JurisdictionUnited States
SectionPattern Criminal Jury Instructions
1.37
GENERAL MATTERS
1.37
59
KNOWINGLYDELIBERATE IGNORANCE
When the word “knowingly” is used in these instruc-
tions, it means that the act was done voluntarily and
intentionally, and not because of mistake or accident. Al-
though knowledge on the part of the defendant cannot be
established merely by demonstrating that the defendant was
negligent, careless, or foolish, knowledge can be inferred
if the defendant deliberately blinded himself to the existence
of a fact. Knowledge can be inferred if the defendant was
aware of a high probability of the existence of [the fact in
question], unless the defendant did not actu- ally believe [the
fact in question].
Comment
Although the deliberate ignorance instruction in general was
discouraged, it may be given “when the Government presents evidence
that the defendant purposely contrived to avoid learning all of the facts
in order to have a defense in the event of prosecution.” United States v.
Delreal-Ordones, 213 F.3d 1263, 1268 (10th Cir. 2000) (internal quota-
tion marks omitted). See also United States v. McConnel, 464 F.3d 1152,
1159 (10th Cir. 2006) (deliberate ignorance instruction only appropriate
in rare circumstances). Where warranted, the instruction may be given.
United States v. Baz, 442 F.3d 1269, 127172 (10th Cir. 2006). If given, a
similar deliberate ignorance instructio n was approved as the preferred
language in Delreal-Ordones. Id. at 1267; see also United States v. Glick,
710 F.2d 639, 643 (10th Cir. 1983). “The purpose of the instruction is to
alert the jury that the act of avoidance could be motivated by suff‌icient
guilty knowledge to satisfy the knowing element of the crime.” Delreal-
Ordones, 213 F.3d at 126869 (quotation marks and bracke ts omitted).
“The district court need not insist upon direct evidence of conscious
avoidance of a fact before tender ing a deliberate ignorance instruction. To
establish a defendant’s ‘deliberate ignorance,’ the Government is entitled
to rely on circumstantial evidence and the benef‌it of the favor- able
inferences to be drawn therefrom.” Id. at 1268 (citation omitted).

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