Willful blindness - Wikipedia

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2021-06-19 06:30:02

Willful blindness or Wilful blindness (sometimes called ignorance of law,[1]:761 willful ignorance or contrived ignorance or intentional ignorance or Nelsonian knowledge) is a term used in law to describe a situation in which a person seeks to avoid civil or criminal liability for a wrongful act by intentionally keeping themself unaware of facts that would render him or her liable or implicated. In United States v. Jewell, the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.[1]:225

Although the term was originally[citation needed ]—and still is—used in legal contexts, the phrase "willful ignorance" has come to mean any situation in which people intentionally turn their attention away from an ethical problem that is believed to be important by those using the phrase (for instance, because the problem is too disturbing for people to want it dominating their thoughts, or from the knowledge that solving the problem would require extensive effort).

In United States v. Jewell, the court held that proof of willful ignorance satisfied the requirement of knowledge as to criminal possession and importation of drugs.[1]:225 In a number of cases in the United States of America, persons transporting packages containing illegal drugs have asserted that they never asked what the contents of the packages were and so lacked the requisite intent to break the law. Such defenses have not succeeded, as courts have been quick to determine that the defendant should have known what was in the package and exercised criminal recklessness by failing to find out the package's contents.[citation needed ] Notably, this rule has only ever been applied to independent couriers, and has never been used to hold larger services that qualify as common carriers (e.g., FedEx, United Parcel Service, or the U.S. Postal Service) liable for the contents of packages they deliver.

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