Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1521 SELF-DEFENSE–PARTICIPANTS IN MUTUAL COMBAT INSTRUCTION NO. The right of self-defense is not available to a person who, by pre-arrangement or agreement, engages in mutual combat, unless and until the person has really and in good faith endeavored to decline further combat, and […]
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Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1520 SELF-DEFENSE–VICTIM’S REPUTATION INSTRUCTION NO. Evidence has been admitted concerning the reputation of the victim for being quarrelsome, violent and dangerous. You may consider this evidence only for the limited purpose of making your determination as to [the reasonableness of the defendant’s beliefs
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Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1519 SELF-DEFENSE–DUTY TO RETREAT INSTRUCTION NO. In the exercise of the right of [self-defense] [defense of another], one need not retreat. One may stand one’s ground and defend [oneself] [the other person] by the use of all force and means which would appear
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Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1518 SELF-DEFENSE–REASONABLE FORCE INSTRUCTION NO. The kind and degree of force which a person may lawfully use in [self-defense][defense of another] are limited by what a reasonable person in the same situation as such person, seeing what that person sees and knowing what
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Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1517 SELF-DEFENSE INSTRUCTION NO. A [homicide] [battery] is justifiable if the defendant was acting in [self-defense] [defense of another]. In order to find that the defendant acted in [self-defense] [defense of another], all of the following conditions must be found to have been
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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
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Idaho Criminal Jury Instructions ICJI 1500 BURDEN OF PROOF ON DEFENSES ICJI 1514 JUSTIFIABLE HOMICIDE DEFENSE INSTRUCTION NO. The defendant contends as a defense in this case that the killing was justifiable because the defendant was [description of justification; e.g. an excusable homicide such as attempting to stop the commission of a robbery]. Under the
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HAWAI’I JURY INSTRUCTIONS HI 7.13 IGNORANCE OR MISTAKE OF FACT In any prosecution for an offense, it is a defense that the Defendant engaged in the prohibited conduct under ignorance or mistake of fact if the ignorance or mistake negates the state of mind required to establish an element of the offense. [Thus, for
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HAWAI’I JURY INSTRUCTIONS HI 7.12 CHOICE OF EVILS — NECESSITY It is a defense to the offense charged that the defendant’s conduct was legally justified. The law recognizes the “choice of evils” defense, also referred to as the “necessity” defense. The “choice of evils” defense justifies the defendant’s conduct if the defendant reasonably believes
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HAWAI’I JURY INSTRUCTIONS HI 7.11 CHOICE OF EVILS — ESCAPE The defendant has raised the affirmative defense of “choice of evils.” Before you may consider “choice of evils,” you must first determine whether the prosecution has proven all of the elements of escape beyond a reasonable doubt. If you unanimously find that the prosecution has
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