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A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis
A Hybrid Approach To The Use Of Deliberate Ignorance In Conspiracy Cases, Jessica A. Kozlov-Davis
Michigan Law Review
When hunted, the ostrich is said to run a certain distance and then thrust its head into the sand, thinking, because it cannot see, that it cannot be seen by the hunters. Legal parlance therefore refers to the "ostrich instruction," used when a defendant acts with the awareness of a high probability of the existence of an incriminating fact, but remains deliberately ignorant as to whether the fact actually exists, hoping his ignorance will maintain his innocence. The defendant is like the ostrich - he thinks that if he does not actually see the facts, even though he knows they …
Punishing The Causer As The Principal: Mens Rea And The Interstate Transportation Element Of The National Stolen Property Act
San Diego Law Review
Transporting goods worth over five thousand dollars, which are known to be stolen, in interstate commerce is a violation of the Federal National Stolen Property Act (NSPA).' The congressional intent behind the NSPA is to aid the states in punishing those who commit theft, fraud, or counterfeiting in violation of state law, but elude punishment by utilizing the channels of interstate commerce.2 Congress included an interstate transportation element in this statute, which is otherwise parallel to a typical state stolen property statute, merely to supply a constitutional basis for the exertion of federal power.' Thus, Congress enacted the NSPA as …