ID 1516 EXCUSABLE HOMICIDE DEFENSE

ICJI 1516 (2010)

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Idaho Criminal Jury Instructions

ICJI 1500 BURDEN OF PROOF ON DEFENSES

ICJI 1516 EXCUSABLE HOMICIDE DEFENSE

INSTRUCTION NO.

The defendant contends as a defense in this case that the killing of the decedent was an excusable homicide.

Homicide is excusable when

[insert description of conduct and/or event, appropriately worded consistent with the applicable provisions of I.C. § 18-4012, based upon the facts in evidence].

The burden is on the prosecution to prove beyond a reasonable doubt that the homicide was not excusable. If there is a reasonable doubt whether the homicide was excusable, you must find the defendant not guilty.

(Updated LEXIS 4/12/18)