United States v. Charles Demore Jewell
532 F.2d 697 · Court of Appeals for the Ninth Circuit · 1976
Facts
Appellant drove an automobile into the United States containing 110 pounds of marihuana hidden in a secret compartment. He claimed he did not know the marihuana was present. However, there was evidence suggesting he knew of the secret compartment and facts indicating it likely contained marihuana, but he deliberately avoided confirming its presence to evade responsibility. The jury could have inferred either positive knowledge or deliberate avoidance of the truth.
Issue
Does "knowingly" in 21 U.S.C. §§ 841 and 960 require positive knowledge that a controlled substance is involved, or can it be satisfied by proof that the defendant deliberately avoided learning the truth?
Holding
The court held that "knowingly" does not require positive knowledge and can be satisfied by proof that the defendant deliberately avoided learning the truth. The jury instruction reflecting this interpretation was correct, and the conviction was affirmed.
Rule
The court established that "knowingly" in criminal statutes, specifically 21 U.S.C. §§ 841 and 960, encompasses "wilful blindness" or "deliberate ignorance." This means knowledge is established if a person is aware of a high probability of a fact's existence but consciously avoids learning the truth, unless they actually believe the fact does not exist. This rule prevents individuals from avoiding criminal liability by deliberately closing their eyes to obvious risks, as deliberate ignorance is considered equally culpable to positive knowledge. The Model Penal Code Section 2.02(7) supports this interpretation.
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