Tag Archive | Judge James Wynn

Fourth Circuit delves into the conundrum of willfulness

By Stuart Berman
Guest contributor

Veteran federal prosecutors and defense lawyers can pretty much recite in their sleep the standard jury instructions defining “knowingly” and “willfully.” In the commonly used Modern Federal Jury Instructions, knowingly means “to act voluntarily and deliberately, rather than mistakenly or inadvertently. A person acts knowingly if he acts intentionally and voluntarily, and not because of ignorance, mistake, accident, or carelessness.” Willfully means “to act knowingly and purposely, with an intent to do something the law forbids; that is to say, with bad purpose either to disobey or to disregard the law.” Simple enough, right? Read More…