DOJ-OGR-00008512.jpg

604 KB

Extraction Summary

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People
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Organizations
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Locations
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Events
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Relationships
1
Quotes

Document Information

Type: Legal document
File Size: 604 KB
Summary

This legal document, likely a jury instruction from Case 1:20-cr-00330-PAE, clarifies the legal concept of 'conscious avoidance' in the context of conspiracy charges. It distinguishes between knowingly participating in a conspiracy and merely knowing its objective, explaining that conscious avoidance can be considered for the latter but not as a substitute for proving intentional joining of a conspiracy. The document provides guidance on how to assess a defendant's knowledge and actions regarding a conspiracy.

People (3)

Name Role Context
Defendant Party in a legal case
The individual whose conduct and knowledge regarding a conspiracy are being assessed.
you Recipient of instructions
Addressed directly, likely referring to the jury or a reader of legal instructions.
I Speaker/Instructor
The person explaining the legal concepts, likely a judge or prosecutor.

Relationships (2)

Defendant legal/judicial you
The document instructs 'you' (the jury) on how to make findings regarding the 'Defendant's' actions and beliefs in a conspiracy case.
I professional/instructional you
The speaker 'I' is explaining legal concepts to 'you' (the jury), indicating an instructional role.

Key Quotes (1)

"deliberately closing her eyes"
Source
DOJ-OGR-00008512.jpg
Quote #1

Full Extracted Text

Complete text extracted from the document (1,698 characters)

Case 1:20-cr-00330-PAE Document 562 Filed 12/17/21 Page 56 of 82
1 responsibility for her own conduct by “deliberately closing her eyes,” or remaining purposefully
2 ignorant of facts which would confirm to her that she was engaged in unlawful conduct.
3 With respect to the conspiracy counts, you must also keep in mind that there is an
4 important difference between knowingly and intentionally participating in a conspiracy, on the
5 one hand—and which I just explained to you—and knowing the specific objective of the
6 conspiracy, on the other. You may consider conscious avoidance in deciding whether the
7 Defendant knew the objective of a conspiracy, that is, whether she reasonably believed that there
8 was a high probability that a goal of the conspiracy was to commit the crime charged as objects
9 of the conspiracy and took deliberate and conscious action to avoid confirming that fact but
10 participated in the conspiracy anyway. But conscious avoidance cannot be used as a substitute
11 for finding that the Defendant knowingly and intentionally joined the conspiracy in the first
12 place. It is logically impossible for a defendant to intend and agree to join a conspiracy if she
13 does not actually know it exists.
14 In sum, if you find that the Defendant believed there was a high probability that a fact
15 was so and that the Defendant took deliberate and conscious action to avoid learning the truth of
16 that fact, you may find that the Defendant acted knowingly with respect to that fact. However, if
17 you find that the Defendant actually believed the fact was not so, then you may not find that she
18 acted knowingly with respect to that fact.
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DOJ-OGR-00008512

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