ID · jury_instructions
ICJI 1715
Future Dangerousness
ICJI 1715 FUTURE DANGEROUSNESS
The phrase "exhibited a propensity to commit murder which will probably constitute a continuing threat to society" means conduct showing that the defendant is more likely than not to be a continuing threat to society. Such finding cannot be based solely upon the fact that you found the defendant guilty of murder. In order for a person to have a propensity to commit murder, the person must be a willing, predisposed killer, a killer who tends toward destroying the life of another, one who kills with less than the normal amount of provocation. Propensity requires a proclivity, a susceptibility, and even an affinity toward committing the act of murder.
Comment
This instruction should be given when the State alleges I.C. � 19-2515(9)(h).
State v. Dunlap, 125 Idaho 530, 873 P.2d 784 (1993); State v. Creech, 105 Idaho 362, 670 P.2d 463 (1983).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
5a5fdbbc258419c86dd399403e87208d95bd9cfb74603f27d8ab3b2eb952ad5c
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