[Vision2020] Handgun Clinic

[Chuck Kovis]

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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