ID · jury_instructions
ICJI 323
Out-of-Court Statements by the Defendant
ICJI 323 OUT-OF-COURT STATEMENTS BY THE DEFENDANT
You heard testimony that the defendant [name, if more than one defendant] made a statement to [e.g., the police] concerning [the] [a] crime charged in this case. You must decide what, if any, statements were made and give them the weight you believe is appropriate, just as you would any other evidence or statements in the case.
Comment
If evidence is offered regarding out-of-court statements of the defendant, the trial court must decide by a preponderance of the evidence whether they are admissible. If they are admitted, then evidence may be offered at trial regarding the circumstances surrounding the statements, including the manner in which they were obtained, and the trial court is to instruct the jury that they may give such weight and credence to them as they see fit. State v. Dillon, 93 Idaho 698, 471 P.2d 553 (1970).
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
3340dc30b499d095f477457dbb66b561b478ed41a646d8a81011ca16ac9689c7
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