ICJI 1516

ICJI 1516 EXCUSABLE HOMICIDE DEFENSE

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. s 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.

Comment

I.C. ss 18-4012 & 18-4013.

The committee recommends that rather than instruct in the specific language of I.C. s 18-4012, the court should instruct the jury in language tailored to the facts of the case, assuming this defense applies to the case.

Idaho statutory and case law previously cast the burden upon a homicide defendant to prove that the defendant's actions were excusable, as in self-defense. However, in that particular circumstance, the underlying statute, I.C. s 19-2112, was repealed in 1977 (1977 Session Law Chapter 154 Section 6). Martin v. Ohio, 480 U.S. 228, 94 L.Ed.2d 267, 108 S.Ct. 1098 (1987), suggests that Idaho is among 48 states which no longer place such a burden on the defendant, although they would be constitutionally permitted to do so.