An ostrich instruction is a type of direction given by a judge to a jury in a criminal trial regarding the law of the case. It is named as such because it allows for a defendant who intentionally avoided obtaining actual knowledge to still be considered to have acted knowingly. This means that if a defendant purposefully ignored information that would have made them aware of their actions, they can still be held accountable for their actions. The term “ostrich instruction” is slang for this type of direction.
An ostrich instruction is a type of jury instruction provided by a judge to inform the jury about the applicable law in a case. It is referred to as an ostrich instruction because it relates to a defendant who intentionally avoids obtaining actual knowledge, similar to an ostrich burying its head in the sand. For instance, if a defendant is accused of selling drugs but claims ignorance of the substance’s illegality, the judge may give an ostrich instruction stating that if the defendant deliberately avoided acquiring knowledge of the substance’s illegal nature, they can still be found guilty of the crime. Other types of jury instructions include: Jury charge, which is a direction or guideline given by a judge to the jury regarding the law in the case. Additional instruction, which is a jury charge provided in response to the jury’s question about the evidence or a specific point of law. Mandatory instruction, which requires the jury to rule in favor of one party and against the other if certain facts are determined to exist. Special instruction, which addresses a particular point or question raised in the case, usually in response to a request from the attorneys. These instructions assist the jury in their decision-making process and ensure their understanding of the relevant laws and facts of the case.
Ostrich Instruction is a term used in legal contexts to refer to a defence strategy where a defendant denies knowledge or awareness of a particular fact or situation.
Yes, Ostrich Instruction can be a valid defence strategy if the defendant genuinely lacked knowledge or awareness of the alleged wrongdoing.
Ostrich Instruction can be used when the defendant claims they did not know about a specific illegal activity or were not aware of certain facts relevant to the case.
The purpose of Ostrich Instruction is to allow the defendant to argue that they should not be held responsible for a crime or wrongdoing if they genuinely had no knowledge or awareness of it.
Ostrich Instruction can be used in various types of legal cases, including criminal, civil, and regulatory matters, where the defendant’s lack of knowledge or awareness is a relevant defence.
Ostrich Instruction and willful blindness are similar concepts, but willful blindness involves deliberately avoiding knowledge or awareness of a fact, whereas Ostrich Instruction focuses on the defendant genuinely lacking knowledge or awareness.
The success of Ostrich Instruction depends on the specific circumstances of the case and the evidence presented. If the defendant can prove their lack of knowledge or awareness, it may strengthen their defence.
Ostrich Instruction may not be applicable if the defendant had a duty to know or should have reasonably known about the alleged wrongdoing. It is important to consult with a legal professional to determine its viability in a specific case.
Ostrich Instruction can be used in international legal cases, as the concept of willful blindness or lack of knowledge can be relevant in various jurisdictions.
To determine if Ostrich Instruction is suitable for your case, it is crucial to consult with an experienced attorney who can assess the facts, evidence, and legal precedents to provide you with the best advice and defence strategy.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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