Main menu

Idaho Rules of Evidence Rule 303. Presumptions in Criminal Cases.

(a)  Scope. Except as otherwise provided by statute, in criminal cases presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule. 


(b)  Submission to jury. The court shall not direct the jury to find a presumed fact against the accused. The court may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt on the presumed fact beyond a reasonable doubt. 


(c)  Instructing the jury. Whenever the existence of a presumed fact against the accused is submitted to the jury, the court in instructing the jury shall not charge in terms of a presumption. The charge shall include an instruction to the effect that the jurors have a right to draw reasonable inferences from facts proved beyond a reasonable doubt and may convict the accused in reliance upon an inference of fact if they conclude that such inference is valid and if the inference convinces them of guilt beyond a reasonable doubt and not otherwise. 


(Adopted January 8, 1985, effective July 1, 1985.)


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Roger S. Burdick
Justice Joel D. Horton
Justice Robyn M. Brody
Justice G. Richard Bevan

Members of the
Idaho Court of Appeals

Chief Judge David W. Gratton
Judge Sergio A. Gutierrez
Judge Molly J. Huskey
Judge Jessica M. Lorello



Promoting Openness In The Courts
Do you have suggestions about how we can better serve you?