ID 1515 JUSTIFIABLE HOMICIDE BY OFFICER DEFENSE
ICJI 1515 (2010)
Idaho Criminal Jury Instructions
ICJI 1500 BURDEN OF PROOF ON DEFENSES
ICJI 1515 JUSTIFIABLE HOMICIDE BY OFFICER DEFENSE
The defendant contends as a defense in this case that the killing of the decedent was a justifiable homicide.
Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:
[In obedience to any judgment of a competent court; or]
[When reasonably necessary in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty including suppression of riot or keeping and preserving the peace. Use of deadly force shall not be justified in overcoming actual resistance unless the officer has probable cause to believe that the resistance poses a threat of death or serious physical injury to the officer or to other persons;]
[When reasonably necessary in preventing rescue or escape or in retaking inmates who have been rescued or have escaped from any jail, or when reasonably necessary in order to prevent the escape of any person charged with or suspected of having committed a felony, provided the officer has probable cause to believe that the inmate, or persons assisting his escape, or the person suspected of or charged with commission of a felony poses a threat of death or serious physical injury to the officer or other persons.]
The burden is on the prosecution to prove beyond a reasonable doubt that the homicide was not justifiable. If there is a reasonable doubt whether the homicide was justifiable, you must find the defendant not guilty.
(Updated LEXIS 4/12/18)