How to determine whether someone knew they were committing a crime has long been an epistemological briar patch. As 9th Circuit Judge Alex Kozinski put it Monday, "we've seen a proliferation of narrow, heavily fact-dependant and at times contradictory opinions that have been difficult for both judges and litigants to navigate." In his opinion, Kozinski set out to "clear away the underbrush" as to how juries should be told to treat a defendant who claims she didn't know that what she was doing was a crime.
Defense Lawyers Dismayed by 9th Circuit Ruling on Willful Ignorance
April 3, 2007