Content area
Full Text
U.S. Court of Appeals for the 7th Circuit
Criminal
Jury instructions -- ostrich instruction
Neither the current nor former standard ostrich instruction incorrectly states the law.
"Though the Committee on Federal Criminal Jury Instructions of the Seventh Circuit revised the prior pattern criminal jury instruction to include an express statement that deliberate avoidance needs to be more than mere negligence, this does not mean that the prior pattern criminal jury instruction was an incorrect statement of the law. Though it used different language than the current instruction, the instruction made clear that Salinas needed to 'realiz(e) what he was doing and (be) aware...