Icji 1222 mayhem instruction no




Дата канвертавання22.04.2016
Памер4.52 Kb.
ICJI 1222 MAYHEM
INSTRUCTION NO.
In order for the defendant to be guilty of Mayhem, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] intentionally

4. injured [name of victim] by [insert appropriate description of conduct from statute below].
If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. § 18–5001: Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, is guilty of mayhem.


This crime appears to require a specific intent. The term "maliciously" is defined in I.C. § 18–101(4) as "import[ing] a wish to vex, annoy, or injure another person...." The Court has characterized criminal intent as being either general or specific, as follows: "A general criminal intent requirement is satisfied if it is shown that the defendant knowingly performed the proscribed acts, State v. Booten, 85 Idaho 51, 375 P.2d 536 (1962), but a specific intent requirement refers to that state of mind which in part defines the crime and is an element thereof. Lafave & Scott, Criminal Law, § 28, p. 196." State v. Gowin, 97 Idaho 766, 767–68, 554 P.2d 944, 945–46 (1976), quoted in State v. Stiffler, 117 Idaho 405, 406, 788 P.2d 220, 221 (1990). Thus the wish or desire to vex, annoy or injure another person refers to a state of mind which in part defines the crime of mayhem and is an element thereof.


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