united states v jewell

Brief Fact Summary. When the Customs agent asked appellant about the secret compartment in the car, appellant did not deny knowledge of its existence, but stated that it was in the car when he got it. The opinion in United States v. Davis, 501 F.2d 1344 (9th Cir. See United States v. Dozier, 522 F.2d 224, 228 (2d Cir. He responded, "Well, you know, I saw a void there, but I didn't know what it was." Every Bundle includes the complete text from each of the titles below: PLUS: Hundreds of law school topic-related videos from The Understanding Law Video Lecture Series™: Monthly Subscription ($19 / Month) Annual Subscription ($175 / Year). But the question is the meaning of the term "knowingly" in the statute. & Admin.News 4566, 4567 (1970), The argument that a "deliberate ignorance" instruction relieves the jury of finding knowledge was rejected in United States v. Olivares-Vega, 495 F.2d 827, 830 (2d Cir. See also United States v. Freed, 401 U.S. 601, 613 n.5, 91 S. Ct. 1112, 1120, 28 L. Ed. 2d 57, 87 (1969), applied the Model Penal Code definition of knowledge in determining the meaning of "knowing" in former 21 U.S.C. Knowledge is not something that you can see with the eye or touch with the finger. 1975), reversed a conviction because the trial court refused to add to a "deliberate ignorance" instruction the qualification "unless he actually believes it did not exist," found in Model Penal Code § 2.02(7). The element of knowledge may be satisfied by proof that a defendant deliberately closed his eyes to what otherwise would have been obvious to him. See notes 12, 13, and 15. Doing so would put this court in direct conflict with Courts of Appeals in two other circuits that have approved "deliberate ignorance" instructions in prosecutions under 21 U.S.C. 1975). 294, 298 (1954). §§ 2314 & 2315: stolen securities); United States v. Grizaffi, 471 F.2d 69, 75 (7th Cir. . The Customs agent testified that when he opened the trunk and saw the partition he asked appellant "when he had that put in." 1971) (false statements, 18 U.S.C. This question was not raised below, or in this court, perhaps because the evidence to support it was lacking. A classic illustration of this doctrine is the connivance of an innkeeper who deliberately arranges not to go into his back room and thus avoids visual confirmation of the gambling he believes is taking place.3  The doctrine is commonly said to apply in deciding whether one who acquires property under suspicious circumstances should be charged with knowledge that it was stolen.4, One problem with the wilful blindness doctrine is its bias towards visual means of acquiring knowledge. You should scrutinize the entire conduct of the defendant at or near the time the offenses are alleged to have been committed.

§§ 952(a), 960(a) (1); (2) knowingly or intentionally possessing, with intent to distribute, a controlled substance, id. Id. a conscious purpose to avoid learning the truth."21. It is true that a strict interpretation of the scienter requirement may produce fewer convictions in combating "the growing menace of drug abuse." 1968) (former 21 U.S.C. 2d 293 (1974) (instruction required acquittal if defendant believed he did not possess controlled substance); United States v. Joly, 493 F.2d 672, 674 (2d Cir. The purpose of adding the word "knowingly" was to insure that no one would be convicted for acts done because of an omission or failure to act due to mistake or accident or other innocent reason. 1971) (18 U.S.C. . § 1001, 26 U.S.C. 1975); United States v. Olivares-Vega, 495 F.2d 827, 830 (2d Cir. of Ninth Circuit opinions. 1975) (21 U.S.C. The court continued: The Government can complete their burden of proof by proving, beyond a reasonable doubt, that if the defendant was not actually aware that there was marijuana in the vehicle he was driving when he entered the United States his ignorance in that regard was solely and entirely a result of his having made a conscious purpose to disregard the nature of that which was in the vehicle, with a conscious purpose to avoid learning the truth. 2d 57, 87 (1969). The position reflects what we believe to be the normal policy of criminal enactments which rest liability on acting "knowingly," as is so commonly done. Congress was aware of Leary and Turner,16  and expressed no dissatisfaction with their definition of the term.

§§ 173 & 174; instructions properly refused "since they failed to include the element of 'a conscious purpose to avoid learning the source of the heroin' "); United States v. Joyce, 499 F.2d 9, 23 (7th Cir. The jury could have reached the conclusion either that Jewell knew that there was marijuana in the compartment or that he had reason to suspect that there was marijuana in it but deliberately refrained from investigating it so that he did not gain knowledge. Appellant tendered an instruction that to return a guilty verdict the jury must find that the defendant knew he was in possession of marihuana. [1], Jewell was approached in a bar in northern Mexico near the border with the United States, and after being offered marijuana which he declined to buy, was asked if he would drive a car across the border for $100.

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