Excellent Dicta! (part 2)

Yesterday's installment was written by the Chief Justice of the Supreme Court. Today's edition was written by a man who thinks he is the Chief Justice.

This opinion was written by Seventh Circuit Judge and noted ornithologist Richard Posner. The passage addresses the "ostrich instruction," which is when a judge tells a jury that a defendant who lacked certain knowledge can still be found guilty if the evidence shows he intentionally avoided knowing the truth (a la an ostrich hiding in the sand). Here's the quote from United States v. Black, et al., No. 07-4080, slip op. at 12-13 (7th Cir. June 25, 2008):

Three more issues need to be discussed. The first is whether an “ostrich” instruction should have been given. The reference of course is to the legend that ostriches when frightened bury their head in the sand. It is pure legend and a canard on a very distinguished bird. Zoological Society of San Diego, Birds: Ostrich, www.sandiegozoo.org/animalbytes/t-ostrich.html (visited June 12, 2008) (“When an ostrich senses danger and cannot run away, it flops to the ground and remains still, with its head and neck flat on the ground in front of it. Because the head and neck are lightly colored, they blend in with the color of the soil. From a distance, it just looks like the ostrich has buried its head in the sand, because only the body is visible”). It is too late, however, to correct this injustice.

Great. Now zoos are going to feel compelled to submit amicus briefs to defend their animals. As if we don't already have enough amici already.

As the good folks over at Lowering the Bar note:

If ostriches were not seen as such a pushover, then there might be less ostrich-related violence, and the resulting increase in the self-confidence of male ostriches might lead to more ostriches. Which, I think we can all agree, would be a good thing.