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Model Penal Code section 2.02(7) and willful blindness.
From:
Yale Law Journal
| Date:
June 1, 1993| Author:
Marcus, Jonathan L.
| COPYRIGHT 1993 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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The requisite knowledge necessary to justify the imposition of criminal liability should be defined more broadly to resolve contradictory applications of the Model Penal Code's willful blindness exception to criminal liability. Without redefining knowledge to distinguish between purposeful and genuine ignorance, circuit courts will continue to issue contradictory standards of legal guilt.
Courts and criminal law scholars have struggled for decades to sort out the relationship betwe...