That the accused continued in their course of conduct despite knowing/foreseeing the imposing risk
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Legal definition of wilful blindness
Deliberate ignorance by suppressing one's suspicion of the criminal-ness of their circumstances/conduct
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Landmark case for willful blindness
Briscoe (2010)
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The difference between recklessness and willful blindness
Recklessness: the accused knows the risk and still goes through with the conduct
Deliberately chooses to ignore their suspicion of the criminality of their conduct
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The relationship between knowledge and willful blindness as Forms of subjective mens rea
In many cases, if it's not a mens Rea of knowledge, it's most likely that of willful blindness to their own suspicion of criminal activity…they are both in a similar realm of the Guilty Mind in terms of what the accused knows during the time of the execution of prohibited conduct
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Flashcard (71)