Knowledge v. Recklessness

One of the challenges of criminal law is how mental states are proved. Obviously direct proof is difficult to come by; unless a defendant writes in her journal that she intended to kill the deceased, the government generally has to prove its case with circumstantial evidence.

Particularly with regard to knowledge, it can be very difficult to demonstrate that the defendant knew that an attendant circumstance was present or that his conduct was of a certain kind. As the next case demonstrates, courts have recognized this and have occassionally allowed a high likelihood of a fact plus a decision not to investigate further to serve as proof of knowledge. As you read United States v. Jewell consider how satisfying that solution is.

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