[Vision2020] Handgun Clinic

Art Deco art.deco.studios at gmail.com
Sun Jun 24 16:46:15 PDT 2012


Thank you, Chuck.

w.

On Sun, Jun 24, 2012 at 4:01 PM, Chuck Kovis <ckovis at turbonet.com> wrote:

>  Paul, I beg to differ.  Idaho even uses the language of "stand one's
> ground" in the Idaho Criminal Jury Instructions (ICJI)  Chuck Kovis
>
>
>
>
>  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 to
> be necessary to a reasonable person in a similar situation and with similar
> knowledge[; and a person may pursue the attacker until [the person] [the
> other person] has been secured from danger if that course likewise appears
> reasonably necessary].  This law applies even though the person being
> [attacked] [defended] might more easily have gained safety by flight or by
> withdrawing from the scene.****
>
> ** **
> Comment****
>
> ** **
>
> *State v. McGreevey*, 17 Idaho 453, 466, 105 Pac. 1047 (1909); *State v.
> Dunlap*, 40 Idaho 630, 637, 235 Pac. 432 (1925).****
>
> ** **
>
> This instruction may be used with homicide or with battery.  The
> committee suggests that the bracketed language at the end of the second
> sentence only be used where the facts indicate that the defendant pursued
> his attacker.****
>
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-- 
Art Deco (Wayne A. Fox)
art.deco.studios at gmail.com
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