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All of the following statements regarding willful blindness are correct EXCEPT:

a. It is intentional.
b. It is the avoidance of knowledge of the facts of a crime.
c. It is done to avoid civil or criminal liability for one's role in a crime.
d. It is a successful defense against prosecution for one's role in a crime.

1 Answer

6 votes

Final answer:

The statement 'It is a successful defense against prosecution for one's role in a crime' is incorrect regarding willful blindness. Willful blindness is the intentional avoidance of knowledge to prevent associating oneself with a crime, and it is not a viable legal defense. Instead, it can be used to demonstrate culpability in a legal setting.

Step-by-step explanation:

All of the following statements regarding willful blindness are correct EXCEPT: d. It is a successful defense against prosecution for one's role in a crime.

Willful blindness refers to a person's decision to deliberately avoid acquiring knowledge of facts that could render them criminally liable. This concept is often encountered in cases where individuals might be connected to illegal activities but choose not to inquire about the details, thereby intentionally remaining ignorant of any wrongdoing. This form of willful ignorance does not absolve one of responsibility; it is an acknowledgment of sorts that if they had inquired, they would likely have discovered the criminal activity. Therefore, willful blindness is not a defense in criminal proceedings; rather, it could serve as a basis for establishing a person's liability due to their deliberate avoidance of knowledge.

The Fifth Amendment provides a right not to incriminate oneself, but this is distinct from willful blindness. Claiming the Fifth is an exercise of a legal right to remain silent, while willful blindness is a behavioral pattern of avoiding information that could link a person to a crime.

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