[CITATION] Dissenting Opinion in Mason v. Texas

Document Type

Amicus Brief

Publication Date

2026

Case Name

CRYSTAL MASON, Appellant v. THE STATE OF TEXAS

Abstract

Citation: "One of the most influential cases is United States v. Jewell, 532 F.2d 697 (9th Cir. 1976) (en banc). The Ninth Circuit in that case held that willful blindness may satisfy the knowledge requirement, which is justified by the maxim that "deliberate ignorance and positive knowledge [*17] are equally culpable."Id. at 700.. The widely accepted rationale prompted the use of the Jewell instruction 10 as standard in jury charges. Ira P. Robbins, The Ostrich Instruction: Deliberate Ignorance as A CriminalMens Rea, 81 J. CRIM. L. & CRIMINOLOGY 191, 209 (1990)."

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