Ostrich Defense: What It Means and Its Role in Criminal Law
Definition & Meaning
The ostrich defense refers to a legal argument used by a defendant who claims ignorance of their associate's criminal activities. In this context, the defendant asserts that they were not aware of any wrongdoing and that all illegal actions were conducted by others without their knowledge or consent. The term derives from the behavior of ostriches, which are believed to bury their heads in the sand to avoid danger. While this defense is often presented in court, it has not been recognized as successful in American jurisprudence to date.
Legal Use & context
The ostrich defense is primarily used in criminal law, where defendants may try to distance themselves from the actions of their associates. It can arise in various situations, including white-collar crimes such as fraud or conspiracy. Defendants may utilize this defense to argue that they should not be held liable for actions they claim to have been unaware of. Users can explore US Legal Forms for templates and resources that may assist in navigating these legal challenges.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A CEO of a company may claim the ostrich defense if they argue they were unaware of fraudulent activities conducted by a subordinate. They might assert that they relied on their team to manage operations and had no reason to suspect wrongdoing.
Example 2: A business partner could use this defense if they claim they did not know about illegal transactions made by another partner, arguing that they were not involved in day-to-day operations. (hypothetical example)