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Although the constitution permits the defendant to waive a jury trial and have the case decided by a judge, most felony cases in Idaho are conducted before a jury. Twelve person juries are utilized in the district court.
Hours of Jury Service Generally, trials may run from a.m. to p.m., or a.m. to p.m.
ICJI 702 MALICE?DEFINED INSTRUCTION NO. deliberate intention unlawfully to kill a human being.
Your duty as a juror is to listen to the judge, witness and attorneys; to deliberate calmly and fairly; and to decide intelligently and justly. Your decision must be made upon the evidence presented to you in court. be informed of the trial process and of the applicable law.
Based upon these decisions, the general rule in Idaho is that the defendant in a criminal case has the burden of producing evidence regarding any defense, but he does not have the burden of persuasion. Once the defense is properly raised, the state must disprove it beyond a reasonable doubt.