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Simple English definitions for legal terms

ostrich instruction

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A quick definition of ostrich instruction:

Ostrich instruction is a type of direction that a judge gives to a jury about the law of the case in a criminal trial. It is called ostrich instruction because it states that a defendant who deliberately avoided acquiring actual knowledge can still be found to have acted knowingly. This means that if a defendant purposely ignored information that would have made them aware of their actions, they can still be held responsible for their actions. Ostrich instruction is slang for this type of instruction.

A more thorough explanation:

An ostrich instruction is a type of jury instruction given by a judge to a jury concerning the law of the case. It is called an ostrich instruction because it refers to a defendant who deliberately avoids acquiring actual knowledge, like an ostrich burying its head in the sand.

For example, if a defendant is accused of selling drugs but claims they did not know the substance was illegal, the judge may give an ostrich instruction stating that if the defendant deliberately avoided acquiring knowledge of the substance's illegality, they can still be found guilty of the crime.

Other types of jury instructions include:

  • Jury charge: a direction or guideline that a judge gives a jury concerning the law of the case.
  • Additional instruction: a jury charge given in response to the jury's question about the evidence or some point of law.
  • Mandatory instruction: an instruction requiring a jury to find for one party and against the other if the jury determines that a given set of facts exists.
  • Special instruction: an instruction on some particular point or question involved in the case, usually in response to counsel's request for such an instruction.

These instructions help guide the jury in their decision-making process and ensure that they understand the relevant laws and facts of the case.

ostrich defense | OTA

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JumpySubsequentDolphin
20:50
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20:51
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21:32
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21:35
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22:39
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22:45
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