The willful blindness doctrine at criminal law is well-established and generally fits with moral intuitions of guilt. It also stands in direct tension with the first principle of American criminal law: legality. This Article argues that courts could largely preserve the doctrine and entirely avoid the legality problem with a simple shift: willful blindness ought to be reconceptualized as a form of evidence.
Gregory M. Gilchrist, Willful Blindness as Mere Evidence, 54 Loy. L.A. L. Rev. 405 (2021).