Legal Definitions - ostrich instruction

An ostrich instruction is a type of jury instruction given by a judge to a jury concerning the law of the case. It is called an ostrich instruction because it refers to a defendant who deliberately avoids acquiring actual knowledge, like an ostrich burying its head in the sand.

For example, if a defendant is accused of selling drugs but claims they did not know the substance was illegal, the judge may give an ostrich instruction stating that if the defendant deliberately avoided acquiring knowledge of the substance's illegality, they can still be found guilty of the crime.

Other types of jury instructions include:

• Jury charge: a direction or guideline that a judge gives a jury concerning the law of the case.
• Additional instruction: a jury charge given in response to the jury's question about the evidence or some point of law.
• Mandatory instruction: an instruction requiring a jury to find for one party and against the other if the jury determines that a given set of facts exists.
• Special instruction: an instruction on some particular point or question involved in the case, usually in response to counsel's request for such an instruction.

These instructions help guide the jury in their decision-making process and ensure that they understand the relevant laws and facts of the case.