Ostrich instruction

The ostrich instruction is a jury instruction that the requirement of knowledge to establish a guilty mind (mens rea), is satisfied by deliberate ignorance - deliberate avoidance of knowledge.

[1] This principle became established in British courts in the 1860s, and became widespread in the United States in the late 19th century.

[3]: 762 The ostrich instruction takes its name from the myth that ostriches bury their heads in the sand when in danger as they believe it will cause the threat to leave, similar to how someone may deliberately ignore information which implicates them in a crime believing it will render them unable to be charged with it.

This is not a valid legal defense, and as such often ultimately contributes to establishing mens rea.

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