CRIMINAL PROCEDURE
CHAPTER 25
JUDGMENT
19-2515.Sentence in capital cases — Special sentencing proceeding — Statutory aggravating circumstances — Special verdict or written findings.(1) Except as provided in section 19-2515A, Idaho Code, a person convicted of murder in the first degree shall be liable for the imposition of the penalty of death if such person killed, intended a killing, or acted with reckless indifference to human life, irrespective of whether such person directly committed the acts that caused death.
(2)Where a person is sentenced to serve a term in the penitentiary, after conviction of a crime which falls within the provisions of section 20-1005, Idaho Code, except in cases where the court retains jurisdiction, the comments and arguments of the counsel for the state and the defendant relative to the sentencing and the comments of the judge relative to the sentencing shall be recorded. If the comments are recorded electronically, they need not be transcribed. Otherwise, they shall be transcribed by the court reporter.
(3)Where a person is convicted of an offense which may be punishable by death, a sentence of death shall not be imposed unless:
(a)A notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code; and
(b)The jury, or the court if a jury is waived, finds beyond a reasonable doubt at least one (1) statutory aggravating circumstance. Where a statutory aggravating circumstance is found, the defendant shall be sentenced to death unless mitigating circumstances which may be presented are found to be sufficiently compelling that the death penalty would be unjust. The jury shall not direct imposition of a sentence of death unless it unanimously finds at least one (1) statutory aggravating circumstance and unanimously determines that the penalty of death should be imposed.
(4)Notwithstanding any court rule to the contrary, when a defendant is adjudicated guilty of murder in the first degree, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, no presentence investigation shall be conducted; provided however, that if a special sentencing proceeding is not held or if a special sentencing proceeding is held but no statutory aggravating circumstance has been proven beyond a reasonable doubt, the court may order that a presentence investigation be conducted.
(5)(a)If a person is adjudicated guilty of murder in the first degree, whether by acceptance of a plea of guilty, by verdict of a jury, or by decision of the trial court sitting without a jury, and a notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code, a special sentencing proceeding shall be held promptly for the purpose of hearing all relevant evidence and arguments of counsel in aggravation and mitigation of the offense. Information concerning the victim and the impact that the death of the victim has had on the victim’s family is relevant and admissible. Such information shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community by the victim’s death. Characterizations and opinions about the crime, the defendant and the appropriate sentence shall not be permitted as part of any victim impact information. The special sentencing proceeding shall be conducted before a jury unless a jury is waived by the defendant with the consent of the prosecuting attorney.
(b)If the defendant’s guilt was determined by a jury verdict, the same jury shall hear the special sentencing proceeding; provided however, that if it is impracticable to reconvene the same jury to hear the special sentencing proceeding due to an insufficient number of jurors, the trial court may dismiss that jury and convene a new jury of twelve (12) persons, plus alternate jurors as the trial court deems necessary pursuant to section 19-1904, Idaho Code.
(c)If the defendant’s guilt was determined by a plea of guilty or by a decision of the trial court sitting without a jury, or if a retrial of the special sentencing proceeding is necessary for any reason including, but not limited to, a mistrial in a previous special sentencing proceeding or as a consequence of a remand from an appellate court, the trial court shall impanel a jury of twelve (12) persons, plus alternate jurors as the trial court deems necessary pursuant to section 19-1904, Idaho Code, unless such jury is waived.
(d)If a special sentencing proceeding is conducted before a newly impaneled jury pursuant to the provisions of subsection (5)(b) or (5)(c) of this section, the state and the defense may present evidence to inform the jury of the nature and circumstances of the murder for which the defendant was convicted. The newly impaneled jury shall be instructed that the defendant has previously been found guilty of first-degree murder and that the jury’s purpose is limited to making findings relevant for sentencing.
(6)At the special sentencing proceeding, the state and the defendant shall be entitled to present all relevant evidence in aggravation and mitigation. Disclosure of evidence to be relied on in the sentencing proceeding shall be made in accordance with Idaho criminal rule 16. Evidence admitted at trial shall be considered and need not be repeated at the sentencing hearing.
(7)The jury shall be informed as follows:
(a)If the jury finds that a statutory aggravating circumstance exists and no mitigating circumstances exist which would make the imposition of the death penalty unjust, the defendant will be sentenced to death by the court.
(b)If the jury finds the existence of a statutory aggravating circumstance but finds that the existence of mitigating circumstances makes the imposition of the death penalty unjust or the jury cannot unanimously agree on whether the existence of mitigating circumstances makes the imposition of the death penalty unjust, the defendant will be sentenced to a term of life imprisonment without the possibility of parole; and
(c)If the jury does not find the existence of a statutory aggravating circumstance or if the jury cannot unanimously agree on the existence of a statutory aggravating circumstance, the defendant will be sentenced by the court to a term of life imprisonment with a fixed term of not less than ten (10) years.
(8)Upon the conclusion of the evidence and arguments in mitigation and aggravation:
(a)With regard to each statutory aggravating circumstance alleged by the state, the jury shall return a special verdict stating:
(i)Whether the statutory aggravating circumstance has been proven beyond a reasonable doubt; and
(ii)If the statutory aggravating circumstance has been proven beyond a reasonable doubt, whether all mitigating circumstances, when weighed against the aggravating circumstance, are sufficiently compelling that the death penalty would be unjust.
(b)If a jury has been waived, the court shall:
(i)Make written findings setting forth any statutory aggravating circumstance found beyond a reasonable doubt;
(ii)Set forth in writing any mitigating circumstances considered; and
(iii)Upon weighing all mitigating circumstances against each statutory aggravating circumstance separately, determine whether mitigating circumstances are found to be sufficiently compelling that the death penalty would be unjust and detail in writing its reasons for so finding.
(9)The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:
(a)The defendant was previously convicted of another murder.
(b)At the time the murder was committed the defendant also committed another murder.
(c)The defendant knowingly created a great risk of death to many persons.
(d)The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.
(e)The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.
(f)By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.
(g)The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.
(h)The murder was committed in the perpetration of, or attempt to perpetrate, lewd and lascivious conduct with a minor, sexual abuse of a child under sixteen (16) years of age, ritualized abuse of a child, sexual exploitation of a child, sexual battery of a minor child sixteen (16) or seventeen (17) years of age, or forcible sexual penetration by use of a foreign object, and the defendant killed, intended a killing, or acted with reckless indifference to human life.
(i)The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.
(j)The murder was committed against a former or present peace officer, executive officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim’s former or present official status.
(k)The murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of such proceeding.
History:
[19-2515, R.S., R.C. & C.L., sec. 7992; C.S. sec. 9036; I.C.A. sec. 19-2415; am. 1977, ch. 154, sec. 4, p. 390; am. 1984, ch. 230, sec. 1, p. 549; am. 1995, ch. 140, sec. 1, p. 594; am. 1998, ch. 96, sec. 3, p. 344; am. 2000, ch. 287, sec. 1, p. 969; am. 2003, ch. 19, sec. 4, p. 72; am. 2003, ch. 136, sec. 3, p. 395; am. 2004, ch. 317, sec. 1, p. 889; am. 2005, ch. 152, sec. 1, p. 468; am. 2006, ch. 129, sec. 1, p. 375; am. 2021, ch. 196, sec. 22, p. 537; am. 2022, ch. 124, sec. 20, p. 453.]
FAQs
What do you have to do to get the death penalty in Idaho? ›
(1) Except as provided in section 19-2515A, Idaho Code, a person convicted of murder in the first degree shall be liable for the imposition of the penalty of death if such person killed, intended a killing, or acted with reckless indifference to human life, irrespective of whether such person directly committed the ...
When was the last time someone was executed in Idaho? ›Since 1864, Idaho has carried out 29 executions. In 1901, executions were moved to Idaho's state prison. Prior to that, executions were carried out on a county level, and were often public. Idaho's last hanging was conducted in 1957.
Does Idaho have 3 strikes law? ›Idaho has a habitual offender law – or three strikes law – that requires a third felony to result in a minimum five-year term.
What is the habitual offender law in Idaho? ›Idaho Habitual Offender Law
If a defendant is convicted of any felony for a third time, either in Idaho or outside the state of Idaho, the sentence on the third conviction is a period of incarceration of five years to life. (Idaho Code Section 19-2514.)
Idaho will become the fifth state to authorize the firing squad as a method of execution and may become the first state to mandatorily impose it on a death row prisoner since 1976. Idaho's Governor Brad Little signed HB 186 into law on March 24, 2023, and it goes into effect on July 1.
What state has the strictest death penalty? ›| State/Rank | |
|---|---|
| 1. Oklahoma | |
| Cumulative Executions: 1976-September 1, 2020 | 112 |
| Executions per 100,000 Residents | 2.83 |
| 2. Texas | |
Idaho Has 8 Inmates on Death Row and These Are Their Disturbing Crimes. Governor Little has signed a bill reinstating a firing squad as a method of execution in Idaho. The way the bill is written shows that the new guidelines will go into effect on July 1, 2023.
Who is the woman on death row in Idaho? ›We currently have eight residents under the sentence of death in Idaho. The seven male residents are incarcerated at Idaho Maximum Security Institution south of Boise and the one female resident is incarcerated at Pocatello Women's Correctional Center in Pocatello.
Was the death penalty ever suspended in Idaho? ›Georgia struck down all death penalty statutes across the United States and created an effective moratorium on executions. Idaho passed new statutes on July 7, 1973, and the 1976 case Gregg v. Georgia lifted the moratorium.
What is the code 19 804 in Idaho? ›Idaho Statutes
19-804. Preliminary examination. The magistrate shall conduct a preliminary examination unless the same is waived by the defendant.
Is battery a felony in Idaho? ›
Battery is graded as a misdemeanor in Idaho and is punishable by up to 6 months of incarceration and a $1000 fine. Aggravated assault is the crime of assault committed with adeadly weapon, some other means likely to produce great bodily harm, or with corrosive or caustic chemicals (I.C. § 18-905).
What is the statute 19 2520 in Idaho? ›Idaho Statutes. 19-2520. Extended sentence for use of firearm or deadly weapon. The extended term of imprisonment authorized in this section shall be computed by increasing the maximum sentence authorized for the crime for which the person was convicted by fifteen (15) years.
What is criminal rule 21 in Idaho? ›On motion of either party, the court must transfer the proceeding to another county if the court is satisfied that a fair and impartial trial cannot be had in the county where the case is pending.
What happens if you violate felony probation in Idaho? ›A probation violator may be arrested on a bench warrant issued by the sentencing court after a finding of probable cause to believe the probationer has violated a condition of probation, or on an agent's warrant pursuant to Idaho Code § 20-227.
How many people are on felony probation in the state of Idaho? ›4 Idaho also consistently ranks in the top two when adding parolees and felony probationers to that number. In 2017, Idaho was holding 8,579 individuals in state prison,4 another 5,102 were on parole,5 and 12,997 were on felony probation.
What is Idaho Rule 701? ›Idaho Rules of Evidence Rule 701. Opinion Testimony by Lay Witnesses. (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.
What is Idaho Rule 207? ›Idaho Rules of Family Law Procedure Rule 207. General, Special, or Limited Pro Bono Appearance. (a) General Appearance. The voluntary appearance of a party or service of any pleading by the party, except as provided in subsection (b) constitutes voluntary submission to the personal jurisdiction of the court.
What is the House Bill 186 in Idaho? ›METHODS OF EXECUTION – Amends existing law to provide for execution by firing squad and to provide for certain requirements prior to an execution.
Who executes the most prisoners? ›China is the world's most active death penalty country; according to Amnesty International, China executes more people than the rest of the world combined each year.
What states have no death penalty? ›| State | Death Penalty Status | Year of Legislation or Court Ruling |
|---|---|---|
| Maine | illegal | 1887 |
| Maryland | illegal | 2013 |
| Massachusetts | illegal | 1984 |
| Michigan | illegal | 1846 |
What is the best form of death penalty? ›
The predominance of lethal injection as the preferred means of execution in all states in the modern era may have put off any judgment by the Court regarding older methods.
Who are some famous prisoners in Idaho? ›Prison history
Two famous inmates were Harry Orchard and Lyda Southard. Orchard assassinated former Governor Frank Steunenberg in 1905 and Southard was known as Idaho's Lady Bluebeard for killing several of her husbands to collect upon their life insurance.
“The additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate.
Who owns Idaho prisons? ›On 7/1/2014 IDOC took over ownership of the building from Corrections Corporation of America. The warden is Randy Valley. Idaho Maximum Security Institution (IMSI) ( 43°28′47″N 116°13′24″W) is a high-security state prison. It opened in November 1989 to confine Idaho's most violent offenders.
Where are female death row inmates housed? ›Historically, state law mandated that male prisoners on condemned status be housed at San Quentin State Prison and women on condemned status be housed at Central California Women's Facility.
Who was Lyda Idaho serial killer? ›Lyda Southard (October 16, 1892 – February 5, 1958), also known as Lyda Anna Mae Trueblood, was an American female suspected serial killer. It was suspected that she had killed her four husbands, a brother-in-law, and her daughter by using arsenic poisoning derived from flypaper in order to obtain life insurance money.
Who was the roommate of the Idaho murders? ›Bethany Funke is one of two students who survived last November's killings, which took place at an off-campus home in Moscow, Idaho.
What does it take to be given the death penalty? ›To recommend a sentence of death, the jury must determine that the defendant had the requisite culpability with respect to the victim's death, and must unanimously agree that the aggravating factor or factors it has found sufficiently outweigh any mitigating factors to justify a capital sentence.
Can you request the death penalty? ›In capital punishment, a volunteer is a prisoner who wishes to be sentenced to death. Often, volunteers will waive all appeals in an attempt to expedite the sentence. In the United States, execution volunteers constitute approximately 10% of prisoners on death row.
Can you choose what death penalty you get? ›For example, Alabama, Florida, South Carolina and Virginia allow the condemned inmate to choose either the electric chair or lethal injection as his or her preferred method of execution. California permits its condemned inmates to choose either the gas chamber or lethal injection while Washington permits its condemned ...
What are grounds for death penalty? ›
Retaliatory murder of a witness, victim, or informant. Mailing of injurious articles resulting in death. Assassination of the President, Vice President, or member of their staff or kidnapping resulting in their death. Murder-for-hire involving the use of interstate commerce facilities.
Has anyone survived the death penalty? ›The prisoner, still alive but riddled with holes and profoundly traumatized, was returned to his cell. He had been strapped to the gurney for four hours. Smith is one of only two people alive today who have survived an execution procedure in the US.
What happens before death penalty? ›A few days prior to the execution, the prisoner will be transferred from death row to a special death watch cell within the death house. The final days include visits by family, friends and attorneys - sometimes where the prisoner is kept behind thick glass, sometimes where physical contact is allowed.
What groups are not supposed to be punished with a death sentence? ›Although traditionally also a supporter of capital punishment, the Roman Catholic Church now oppose the death penalty. In addition, most Protestant denominations, including Baptists, Episcopalians, Lutherans, Methodists, Presbyterians, and the United Church of Christ, oppose the death penalty.
Why do death row inmates get a last meal? ›And as a ritual, the last meal is intended not to comfort the condemned but to soften for society the harsh fact that a human is about to be killed with the law's full sanction, says Jon Sheldon, a Virginia death penalty lawyer.
What happens to the body after an execution? ›"If an execution goes through with any death row prisoner, after the coroner pronounces the defendant dead and there will be autopsy done, the body will then be released to the family for proper burial," said Bosch.
Who was the last person to get the death penalty? ›The last and most recent federal execution was of Dustin Higgs, who was executed on January 16, 2021.
Can you request alcohol for your last meal? ›In some countries, alcohol and cigarettes have been offered as part of a last meal, but those items are usually not allowed in the United States. In fact, some states don't accept special requests for a last meal; the condemned gets what is on the prison menu.
How long do you have to eat your last meal on death row? ›Contemporary restrictions in the United States
In the United States, most states give the meal a day or two before execution and use the euphemism "special meal". Alcohol or tobacco are usually, but not always, denied. Unorthodox or unavailable requests are replaced with similar substitutes.
Every state that performs executions has legislation providing for certain people to witness them. State laws vary as to who is allowed to watch an execution, but in general, these are the people who are allowed to be witnesses: Relatives of the victim(s) Relatives of the prisoner.
What are the 3 ways of death penalty? ›
Lethal injection is the most widely-used method of execution, but states still authorize other methods, including electrocution, gas chamber, hanging, and firing squad.
How many states in the United States still have the death penalty? ›Capital punishment is currently authorized in 27 states, by the federal government and the U.S. military.