State of Idaho
Office of Attorney General
Raúl R. Labrador
INTRODUCTION
For too many years, the criminal justice system ignored the rights
of crime victims. In Idaho, that changed with the overwhelming voter
ratification of the Victims Rights Amendment to the Idaho Constitution in
November 1994.
The amendment is found in article I, Section 22 of the Idaho
Constitution. Article I of the Idaho Constitution is entitled, “The
Declaration of Rights.” It enshrines the rights Idahoans treasure the most.
These rights include the right of free speech, the right of assembly, the
right to a trial by jury, the right to keep and bear arms and, now, the rights
of crime victims.
The Idaho Legislature, in its first session following ratification of
the amendment, enacted House Bill 175. This legislation amended Idaho
Code § 19-5306 relating to victims’ rights. Its primary purpose was to
create statutory provisions for victims’ rights consistent with the
constitutional amendment passed by the people of Idaho.
I hope this manual is helpful to crime victims. Our criminal
justice system can be complex and confusing for many people. Being
thrust into the system, on top of the emotional and physical trauma many
crime victims suffer, can be overwhelming.
This manual may also be of assistance to prosecutors and judges
who are working to implement the constitutional amendment and Idaho
Code § 19-5306.
This manual does not cover all victim-related issues, only those
dealing with procedural rights. Idaho law also addresses issues of victim
compensation. Space does not allow for a discussion of victim
compensation laws in this manual. For further information on victim
compensation, please see title 19, chapter 53, Idaho Code, and title 72,
chapter 10, Idaho Code.
The Office of the Attorney General has prepared this manual for
your review. If you have questions, feel free to call your city or county
prosecuting attorney, or my office at (208) 334-2400.
RAÚL R. LABRADOR
Attorney General
TABLE OF CONTENTS
RELEVANT STATUTES ...................................................................... 1
CONSTITUTIONAL PROVISIONS – IDAHO CONSTITUTION ...................... 1
STATUTORY PROVISIONS – IDAHO CODE ............................................. 2
QUESTIONS AND ANSWERS ............................................................ 5
WHO IS THE VICTIMS’ RIGHTS LAW DESIGNED TO PROTECT? ................ 5
WHAT CRIMES ARE COVERED BY ART. 1, SEC. 22 OF THE
IDAHO CONSTITUTION AND IDAHO CODE § 19-5306? ................. 6
WHAT ARE VICTIMS’ RIGHTS? .............................................................. 6
WHAT CAN VICTIMS DO IF THEIR RIGHTS ARE VIOLATED? .................... 8
HOW CAN VICTIMS BEST SERVE THEMSELVES AND THEIR
FAMILIES DURING THE COURT PROCEEDINGS
?............................. 9
GLOSSARY OF TERMS USED IN THE CRIMINAL
JUSTICE PROCESS .................................................................... 11
COURT DECISIONS INTERPRETING
CONSTITUTION AND STATUTES RELATED TO
RIGHTS OF VICTIMS OF CRIME ........................................... 17
Idaho Manual on the Rights of Victims of Crime
1
RELEVANT STATUTES
CONSTITUTIONAL PROVISIONS – IDAHO CONSTITUTION
Art. 1, sec. 22. Rights of crime victims.
A crime victim, as defined by statute, has the following rights:
(1) To be treated with fairness, respect, dignity and privacy
throughout the criminal justice process.
(2) To timely disposition of the case.
(3) To prior notification of trial court, appellate and parole
proceedings and, upon request, to information about the sentence,
incarceration and release of the defendant.
(4) To be present at all criminal justice proceedings.
(5) To communicate with the prosecution.
(6) To be heard, upon request, at all criminal justice proceedings
considering a plea of guilty, sentencing, incarceration or release of the
defendant, unless manifest injustice would result.
(7) To restitution, as provided by law, from the person
committing the offense that caused the victim’s loss.
(8) To refuse an interview, ex parte contact, or other request by
the defendant, or any other person acting on behalf of the defendant, unless
such request is authorized by law.
(9) To read pre-sentence reports relating to the crime.
(10) To the same rights in juvenile proceedings, where the offense
is a felony if committed by an adult, as guaranteed in this section, provided
that access to the social history report shall be determined by statute.
Nothing in this section shall be construed to authorize a court to dismiss a
case, to set aside or void a finding of guilt or an acceptance of a plea of
guilty, or to obtain appellate, habeas corpus, or other relief from any
criminal judgment, for a violation of the provisions of this section; nor be
construed as creating a cause of action for money damages, costs or
Idaho Manual on the Rights of Victims of Crime
2
attorney fees against the state, a county, a municipality, any agency,
instrumentality or person; nor be construed as limiting any rights for
victims previously conferred by statute. This section shall be self-
enacting. The legislature shall have the power to enact laws to define,
implement, preserve, and expand the rights guaranteed to victims in the
provisions of this section.
STATUTORY PROVISIONS – IDAHO CODE
19-5306. Rights of victim during investigation, prosecution
and disposition of the crime.
(1) Each victim of a criminal or juvenile offense shall be:
(a) Treated with fairness, respect, dignity and privacy
throughout the criminal justice process;
(b) Permitted to be present at all criminal justice
proceedings or juvenile proceedings including probation proceedings;
(c) Entitled to a timely disposition of the case;
(d) Given prior notification of trial court, appellate and
parole proceedings and, upon request, to information about the
sentence, incarceration, placing on probation or release of the
defendant;
(e) Heard, upon request, at all criminal justice
proceedings considering a plea of guilty, sentencing, incarceration,
placing on probation or release of the defendant unless manifest
injustice would result;
(f) Afforded the opportunity to communicate with the
prosecution in criminal or juvenile offenses, and be advised of any
proposed plea agreement by the prosecuting attorney prior to entering
into a plea agreement in criminal or juvenile offenses involving crimes
of violence, sex crimes or crimes against children;
(g) Allowed to refuse an interview, ex parte contact or
other request by the defendant or any other person acting on behalf of
the defendant, unless such request is authorized by law;
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(h) Consulted by the presentence investigator during the
preparation of the presentence report and have included in that report
a statement of the impact which the defendant’s criminal conduct had
upon the victim and shall be allowed to read, prior to the sentencing
hearing, the presentence report relating to the crime. The victim shall
maintain the confidentiality of the presentence report, and shall not
disclose its contents to any person except statements made by the
victim to the prosecuting attorney or the court;
(i) Assured the expeditious return of any stolen or other
personal property by law enforcement agencies when no longer
needed as evidence;
(j) Notified whenever the defendant or suspect is
released or escapes from custody. When release is ordered prior to
final conviction, notice to the victim shall be given by the law
enforcement authority from whose custody the defendant was
released. When the release is granted subsequent to a final conviction,
notice shall be given to the victim by the law enforcement authority
from whose custody the defendant was released unless release is
granted by the commission of pardons and parole, in which case the
commission shall notify the victim. When a release on probation is
being considered following a period of retained jurisdiction, notice of
the hearing shall be given to the victim by the prosecuting attorney.
(2) Upon the filing of a criminal complaint or juvenile petition,
the prosecuting attorney shall inform the victim of the various
opportunities provided by this section. The victim may exercise any of the
rights provided by this section by completing a written request on a form
provided by the prosecuting attorney to the clerk of the district court. The
clerk thereafter shall notify the appropriate authorities of the victim’s
requests. Notice thereafter shall be given to the victim at the address
provided unless the victim subsequently provides a different address. The
victim’s address shall be kept confidential by the court except for carrying
out the provisions of this chapter.
(3) The provisions of this section shall apply equally to the
immediate families of homicide victims or immediate families of victims
of such youthful age or incapacity as precludes them from exercising these
rights personally. The court may designate a representative from the
immediate family to exercise these rights on behalf of a deceased,
incapacitated, or minor victim.
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(4) Nothing in this section shall be construed to authorize a court
to dismiss a case, to set aside or void a finding of guilt or an acceptance of
a plea of guilty, or to obtain appellate, habeas corpus, or other relief from
any criminal judgment, for a violation of the provisions of this section; nor
be construed as creating a cause of action for money damages, costs or
attorney’s fees against the state, a county, a municipality, any agency,
instrumentality or person; nor be construed as limiting any rights for
victims previously conferred by statute; nor be construed to require the
court appointment of legal counsel or the payment of transportation costs.
(5) As used in this section:
(a) “Victim” is an individual who suffers direct or
threatened physical, financial or emotional harm as the result of the
commission of a crime or juvenile offense;
(b) “Criminal offense” is any charged felony or a
misdemeanor involving physical injury, or the threat of physical
injury, or a sexual offense;
(c) “Juvenile offense” is charged conduct that is a
violation of law that brings a juvenile within the purview of title 20,
chapter 5, Idaho Code, and which conduct committed by a juvenile
would be a felony if committed by an adult.
19-2515. Sentence In Capital Cases -- Special Sentencing
Proceeding – Statutory Aggravating Circumstances
-- Special Verdict Or Written Findings.
***
(5) (a) . . . Evidence concerning the victim and the impact
that the death of the victim has had on the victim's family is relevant and
admissible. Such evidence 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 evidence . . . .
Idaho Manual on the Rights of Victims of Crime
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QUESTIONS AND ANSWERS
Who is the victims’ rights law designed to protect?
Question No. 1: To whom does the victims’ rights law apply?
Answer: The intent of the victims’ rights law is to protect and
inform victims of crime. The letter of the statute provides guidelines with
which the state must comply, but it is the victims’ responsibility to declare
themselves as victims by completing a written request on a form provided
by the prosecuting attorney which should then be given to the clerk of the
district court. (Idaho Code § 19-5306(2).
Question No. 2: Who is a victim?
Answer: Victim is defined in Idaho Code § 19-5306(5)(a):
“Victim is an individual who suffers direct or threatened physical,
financial or emotional harm as the result of the commission of a crime or
juvenile offense.”
Question No. 3: What does the word “crime” mean in this law?
Answer: According to Idaho Code § 19-5306(5)(b), “criminal
offense is any charged felony or a misdemeanor involving physical injury,
or the threat of physical injury, or a sexual offense.”
Question No. 4: What if the victim is a minor?
Answer: If the victim is a minor, the minor’s immediate family
is also classified as “victims,” allowing the family to secure victims’ rights
for the minor or themselves. Idaho Code § 19-5306(3), see also § 19-
5304(1)(e).
Question No. 5: Who are considered victims in a homicide?
Answer: As in the case of a minor, the immediate family of the
actual victim in homicide cases can be considered to be the victim under
Idaho Code § 19-5306(3). See also § 19-5304(1)(e).
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What crimes are covered by art. 1, sec. 22 of the Idaho Constitution
and Idaho Code § 19-5306?
Question No. 6: Does a person have to be the victim of a violent
crime to receive victims’ rights?
Answer: No. Idaho Code § 19-5306 provides victims’ rights to
any individual who is a “victim” of crime or a juvenile offense. “Crime”,
or “criminal offense”, is defined by § 19-5306 as any misdemeanor
involving physical injury or any felony regardless of physical injury.
What are victims’ rights?
Question No. 7: When do victims’ rights begin?
Answer: Upon the filing by the prosecutor of a criminal
complaint or juvenile petition, the prosecutor is required to inform the
victim of the provisions of Idaho Code § 19-5306. A victim’s rights begin
after the victim has completed a written request form provided by the
prosecuting attorney which is then given to the clerk of the district court.
The clerk will then notify the appropriate authorities of the victim’s
requests. Information and notices will be given to the victim at the address
provided unless the victim subsequently provides a different address.
Question No. 8: Are victims allowed to attend court
proceedings?
Answer: Yes. Victims can be present at all justice proceedings
or juvenile proceedings unless there is a conflict with a subpoena which
has been issued.
Question No. 9: How does the victim know when the offender
is going to trial, receives sentencing, appeals, or is up for parole?
Answer: Section 19-5306 entitles the victim to prior notification
of trial court, appellate and parole proceedings. The victim must request
information about the offender’s sentence, incarceration or release.
Question No. 10: Who is responsible for notifying the victim
throughout the court proceedings?
Answer: Because practices vary from county to county, the
section does not specify who should inform the victim except where
Idaho Manual on the Rights of Victims of Crime
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probation is considered following a period of retained jurisdiction, but
most counties have delegated the responsibility to the prosecuting
attorneys because they have ongoing contact with the victim. Counties
should develop a clear protocol which ensures victim notification. Where
probation following retained jurisdiction is being considered, the
prosecutor is required to give notice to the victim.
Question No. 11: Does the victim have the right to make a
statement to the court?
Answer: Both art. 1, sec. 22 of the Idaho Constitution and Idaho
Code § 19-5306 guarantee a victim’s right to be “heard upon request” at
all criminal justice proceedings considering a plea of guilty, sentencing,
incarceration or release of the defendant. The right to be heard extends
only to these proceedings and does not apply to all proceedings or
hearings.
Question No. 12: Can the prosecutor enter into a plea agreement
without the victim’s knowledge?
Answer: Yes. If the victim does not communicate with the
prosecuting attorney after having been notified that discussion concerning
a plea agreement will take place.
Question No. 13: How can a victim influence the sentence given
the criminal defendant?
Answer: The sentence given a criminal defendant is solely in the
judge’s discretion. However, the victim has the right to be consulted in
the presentence investigation and to have a statement of the impact the
crime had on the victim included in the pre-sentence report. As noted in
the answer to question 11, the victim also has the right to be heard at the
sentencing hearing.
Question No. 14: Is a victim allowed to see a copy of the
presentence report?
Answer: Under Idaho law, presentence investigation reports are
confidential; however, Idaho Code § 19-5306(1)(h) grants the victim the
right to read the presentence report prior to the sentencing hearing. The
victim is not entitled to keep a copy of the report and may not disclose or
discuss the contents of the report except in conversations with the
prosecutor or statements of the court.
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Question No. 15: Will the victim be notified if the defendant
escapes or is released from custody prior to final conviction?
Answer: Yes. The victim should be given notice by the law
enforcement authority “from whose custody the defendant was released”
or escaped (Idaho Code § 19-5306(1)(j)). For example, if release is
granted by the commission of pardons and parole, the commission shall
notify the victim.
Question No. 16: What can a victim do if the offender does not
receive the sentence that the victim feels the offender deserved?
Answer: Nothing. The state employs judges, attorneys and
support staff to ensure that justice is delivered. At times, a victim may
argue that a criminal’s sentence was not severe enough; however, the
length of time a criminal spends in prison does not necessarily represent
the long-term effects the crime has on their life. Convicted criminals who
serve jail time, no matter how long, are permanently affected in the work
force and in society.
What can victims do if their rights are violated?
Question No. 17: Can civil action be taken against the
prosecutor, court or police if the prosecutor, court or other authority fails
to comply with the provisions of Idaho Code § 19-5306 or art. 1, sec. 22
of the Idaho Constitution?
Answer: No. The amendment does not provide for any money
damages against these agencies. (Idaho Code § 19-5306(4)).
Question No. 18: If the courts do not comply with the victims’
rights amendment, can the court’s decision be overturned?
Answer: No. A violation of the victim’s rights does not
constitute a mistrial (Idaho Code § 19-5306(4)).
Question No. 19: What remedies are available to a victim for
violation of rights outlined in art. 1, sec. 22 of the Idaho Constitution or
Idaho Code § 19-5306?
Answer: Neither the statute nor the constitution outline any
specific remedies for victims for violations of victims’ rights. Both the
statute and the constitution make it clear that violations of either may not
serve as the basis of an action for monetary damages against the police,
Idaho Manual on the Rights of Victims of Crime
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prosecutor or the courts. Similarly, failure to comply with art. 1, sec. 22,
or § 19-5306 cannot serve as the basis for overturning any criminal
judgment.
Although not yet determined by a court, it appears the
constitutional provision and statute might serve as the basis for injunctive
action by a crime victim seeking a court order against an officer or
governmental entity who fails or refuses to give the notice required by the
constitution or under § 19-5306. This issue, however, has yet to be
resolved in court.
How can victims best serve themselves and their families during the
court proceedings?
Question No. 20: What is the easiest way for a prosecutor to
keep the family of a homicide victim informed during the court process?
Answer: An easy way to keep family and friends informed
during the course of a trial is to appoint one family member, who has time
to be present during the proceedings, to represent the family. Provide the
prosecutor with one phone number and one address where the prosecutor
will be able to reach the designated family member on a regular basis. See
Idaho Code § 19-5306(3).
Question No. 21: What does a victim, who is afraid for his or
her life, do to keep informed of the whereabouts of his/her offender?
Answer: The victim should provide the prosecuting attorney
with a number where the victim, or someone close to them, may be
reached, even though it is not mandatory that the prosecutor call the victim.
Most information concerning the case will be mailed to the victim, but the
victim may call correction facilities and the prosecuting attorney for
information regarding the case.
Question No. 22: Where can a victim turn if the victim has
questions regarding court procedure and process?
Answer: The courts, prosecutors and some law enforcement
entities have victim coordinators who assist victims in their dealings with
the courts. Questions can also be answered by clerks of the court and
prosecuting attorneys.
Question No. 23: Does Idaho law provide for the financial
compensation of crime victims?
Idaho Manual on the Rights of Victims of Crime
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Answer: Yes. Title 19, chapter 53, Idaho Code, and title 72,
chapter 10, Idaho Code, both cover rights of crime victims to
compensation. The provisions of title 19, chapter 53 address the rights of
the victim to compensation from the person found guilty of the crime
resulting in harm or injury to the victim. Title 72, chapter 10 addresses the
state’s crime victims’ compensation fund. The Idaho Code may be found
at the county law library or accessed from the State of Idaho’s home page
on the internet at www.idwr.state.id.us/legislat/idstat.html.
Idaho Manual on the Rights of Victims of Crime
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GLOSSARY OF TERMS USED
IN THE CRIMINAL JUSTICE PROCESS
Acquittal: The judgment of the court, based upon the verdict of the jury
or judge, that a defendant is not guilty of the offense for which he or she
has been tried.
Alleged: A term to describe the crime or defendant prior to conviction.
Appeal: To seek review of a court order or decision by a higher court.
Criminal cases may be appealed to the court of appeals and to the supreme
court.
Appellant: The person who disagrees with the initial court order or
decision and seeks to have a higher court review the case.
Arraignment: A hearing before the court in which the identity of the
defendant is established, the defendant is informed of the charges and his
or her rights. The defendant is required to enter a plea of guilty or not
guilty at the arraignment.
Bail: Security, usually in the form of money or property, given to a court
in exchange for the release of a person in custody or to assure the
defendant’s appearance in court at a later date. Bail is a right of all arrested
persons prior to conviction except Class A felonies, felonious assault,
sexual abuse in the second degree, kidnapping, robbery in the first degree,
arson in the first degree or burglary in the first degree.
Beyond a Reasonable Doubt: The burden of proof required for a criminal
conviction. The evidence presented by the prosecutor must establish the
defendant’s guilt beyond a reasonable doubt.
Bind-Over: Once the judge has determined that probable cause exists that
a crime was committed and that the defendant committed the crime, the
judge orders the defendant to district court to stand trial.
Case Law: The law as formed by past court decisions, opinions and
interpretations.
City Prosecutor: An attorney appointed by a city who is authorized to
handle only simple misdemeanor offenses occurring within city limits.
Common Law: The law as formed by court tradition and custom.
Idaho Manual on the Rights of Victims of Crime
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Compensation: Reimbursement of a victim’s out-of-pocket expenses that
are incurred as the result of injury to the victim, including psychological
injury.
Concurrent Sentences: Sentences for different offenses which are served
at the same time. The court determines if an offender’s sentence will be
concurrent or consecutive.
Consecutive Sentences: Sentences for different offenses that are served
one after the other. A defendant would complete one sentence and then
begin the next.
Continuance: The postponement of a legal proceeding to another date or
time. A continuance is requested by an attorney in a case.
Conviction: The judgment of the court, based upon the verdict of the jury
or judge, that the defendant is guilty of the crime charged.
Criminal Appeals Attorney: An attorney working in the attorney
general’s office who prosecutes a case when it is appealed to the Idaho
Court of Appeals, the Idaho Supreme Court, or the U.S. Court of Appeals.
Defendant: The person accused of committing the crime.
Deposition: The testimony of potential witnesses taken under oath outside
the courtroom. The testimony is transcribed word-for-word and may later
be used in the court proceeding.
District Court: The court that handles all felony cases after the
preliminary hearing in associate district court.
Felony: A crime carrying a minimum penalty of more than one year in
state prison.
Guilty Plea: A defendant’s admission of guilt to criminal charges. It can
be used in a civil suit as an admission of liability.
Guilty Verdict: The decision of a jury or judge finding a defendant guilty
of the crime for which he or she was tried.
Hung Jury: The inability of a jury to reach a verdict. This results in a
mistrial and the defendant may be retried.
Idaho Manual on the Rights of Victims of Crime
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In Camera Hearing: A hearing that is held in judge’s chambers without
public or jury attendance.
Information: A charge filed by the prosecutor in district court, after a
preliminary hearing or grand jury indictment, stating the facts and conduct
which form the alleged criminal offense.
Judgment: The order of the court stating that the defendant is acquitted
or convicted of the offense for which he or she was tried. Not the same as
verdict.
Jurisdiction: The type of crime or judicial district over which a court has
authority (i.e., the magistrate court has jurisdiction over misdemeanor
offenses, bond setting and preliminary hearings).
Magistrate: A person appointed by each county magistrate-appointing
commission to fulfill judicial functions. Magistrates have jurisdiction over
simple misdemeanors, including traffic and ordinance violations,
preliminary hearings and small claims. Magistrates also have jurisdiction
over emergency detention and hospitalization.
Magistrate Court: The court which handles misdemeanor offenses, bond
setting and preliminary hearings.
Misdemeanor: A crime carrying a maximum penalty of one year in jail.
Mistrial: A trial that is declared invalid because of an error in court
procedure or other wrongdoing. Outbursts by persons not under oath and
inadmissible statements by attorneys can result in a mistrial. If a judge
declares a mistrial, the offender has not been found guilty, but may be
ordered to stand trial again.
Motion: A request by the prosecutor or defense attorney to the judge
about a procedure or information in a trial.
Motion to Suppress: A motion often filed by a defense attorney
requesting that certain information or evidence not be used at a trial.
Not Guilty Plea: A defendant’s denial of guilt to criminal charges.
Not Guilty Verdict: An acquittal by a jury or judge finding the defendant
not guilty of the crime for which the defendant was tried.
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Offender: An adult who has been convicted of a crime.
Parole: The conditional release of an offender from prison by the
commission of pardons and parole prior to serving the full sentence.
Parole Hearing: A hearing held by the commission of pardons and parole
to determine if the offender should be released from prison prior to serving
the full sentence.
Plea Bargain: An agreement between the prosecutor and defendant to
reduce the charges against the defendant to a lesser crime or one that
carries a lesser sentence.
Pre-Trial Release: The release of a defendant from custody prior to trial,
on the defendant’s own recognizance or with the posting of bail.
Preliminary Hearing: A hearing before the court to determine if probable
cause exists. The court must decide whether a crime has been committed;
whether the crime occurred within the jurisdiction of the court; and
whether there are reasonable grounds to believe that the defendant
committed the crime.
Preponderance of Evidence: The burden of proof required in civil cases.
A lesser burden than required in criminal cases.
Presentence Investigation: An investigation of a convicted offender
prior to sentencing. The investigation includes information about the
offender’s character and background, as well as any victim impact
statements. The investigation report is meant to assist the judge in
determining a fair sentence.
Probable Cause: The burden of proof necessary to make an arrest. A set
of facts or circumstances which would cause a reasonably intelligent and
prudent person to believe that a crime had been committed and that a
particular person committed the crime. Probable cause may also refer to
the standard of proof required at a preliminary hearing to bind the
defendant over to district court. For probable cause, the information must
show that a crime was committed and that the defendant is the one who
likely committed it.
Probation: The conditional release of an offender after conviction
without requiring the offender to go to prison or jail. Probation is granted
by the court.
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Prosecuting Attorney: An attorney elected in a county or appointed by
county commissioners who is authorized to prosecute all offenses
occurring within that county.
Prosecutor: The county prosecutor, city prosecutor, or criminal appeals
attorney in the attorney general’s office who represents the state in the
prosecution of a crime.
Prosecutorial Discretion: The authority of the elected or appointed
attorney to decide on which actions to file criminal charges.
Restitution: Part of an offender’s sentence by the court requiring the
offender to make payment to the victim for property damage or injury
caused by the crime.
Retained Jurisdiction: A period of 180 days following the sentencing of
an offender to prison after which a judge may suspend, modify, or impose
the sentence. Also referred to as a Rider.
Sentence: The ruling of a judge concerning the punishment the convicted
offender receives for the crime. A sentence may include an order for jail
or prison time, a fine or penalty, performance of community service,
attendance at special training or counseling, restrictions on behavior or
contact with certain persons, and restitution to victims of the crime.
Statutory Law: The law as passed by the legislature, signed by the
governor, and contained in the Idaho Code.
Stipulation: An agreement between the prosecutor and defense attorney
generally relating to evidence at trial.
Suspended Sentence: The suspension of a jail or prison sentence if the
offender meets certain requirements. The conviction stays on the
offender’s record.
Trial: A criminal proceeding held in a court to examine the facts and laws
in a case for the purpose of reaching a judgment of conviction or acquittal
of the defendant.
Verdict: The decision of the jury or judge that the defendant is guilty or
not guilty of the offense for which the defendant was tried.
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Victim Impact Statement: A written statement which is given to the
prosecutor by a victim to be filed with the presentence investigation report
or the judge prior to sentencing. The victim impact statement includes an
account of the victim’s physical injury and economic loss, a report of the
impact of the crime on the victim’s personal welfare and family
relationships, and any request for psychological services for the victim or
family affected.
Voir Dire: The process of questioning potential jurors.
Witness Bond: The amount of bond set by a judge when a witness in a
criminal case refuses to appear after being issued a subpoena. The
prosecutor may request an arrest warrant be issued to ensure the presence
of a witness.
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17
COURT DECISIONS INTERPRETING CONSTITUTION AND
STATUTES RELATED TO RIGHTS OF VICTIMS OF CRIME
Including:
Refusal to Meet Defendant.
I.R.C.R. 16(b)(6) does not entitle a defendant or his agent contact
with victims or witnesses of an alleged crime. In fact, such victims and
witnesses may constitutionally refuse such an interview unless otherwise
required by law. LaBelle v. State, 130 Idaho 115, 937 P.2d 427 (Ct. App.
1997).
Right to Address Court.
The right of a crime victim to address the court at the offender’s
sentencing hearing is guaranteed by both Idaho’s constitution and statutory
law. State v. Guerrero, 130 Idaho 311, 940 P.2d at 419 (Ct. App. 1997).
Effectiveness of Counsel.
Murder defendant’s counsel was not ineffective for failing to
object to statements by the victim’s father in the pre-sentence report
concerning impact of the crime. Such statements by a victim are allowed
under this section and immediate family members of a minor are included
in the definition of a victim. Fodge v. State, 125 Idaho 882, 876 P.2d 164
(Ct. Ap. 1994).
Sentencing Inquiry by Judge.
A sentencing judge may properly conduct an inquiry broad in
scope, largely unlimited, either as to the kind of information he may
consider or the source from which it may come. State v. Chapman, 120
Idaho 466, 816 P.2d 1023 (Ct. App. 1991), aff’d, 121 Idaho 351, 825 P.2d
74 (1992).
Victim Impact Statement.
In the absence of the death penalty, a sentencing court may
properly consider any victim impact statements contained in a pre-
sentence report during sentencing and a district judge’s inquiry into the
status of the victim is not inconsistent with the purpose and goals of
Idaho Manual on the Rights of Victims of Crime
18
criminal sentencing procedures. State v. Bivens, 119 Idaho 119, 803 P.2d
1025 (Ct. App. 1991).
Failure to Strike.
The sentencing court did not err by denying defendant’s motion
to strike the victim impact statement when it imposed a fixed life prison
term for first degree murder. State v. Searcy, 118 Idaho 632, 798 P.2d 914
(1990), modified on other grounds, 124 Idaho 107, 856 P.2d 897 (Ct. App.
1993); 120 Idaho 882, 820 P.2d 1239 (Ct. App. 1991).
The district court properly exercised its discretion in denying a
vehicular manslaughter defendant’s motion to strike from the presentence
report the statements of the two girls who were injured in the auto accident
which killed victim, and the statements of the girls’ parents. State v.
Wersland, 125 Idaho 499, 873 P.2d 144 (1994).
Scope.
This section does not contain any limitations which would
prevent a victim of a crime, at sentencing, from sharing the victim’s
opinion of the defendant or making a sentence recommendation. State v.
Matteson, 123 Idaho 622, 851 P.2d 336 (1993).
YOUR CASE INFORMATION
Case Number
Detective(s)/Police Officer(s)
Prosecuting Attorney
Victim/Witness Coordinator
Defendant(s)
Date of Arraignment
Date of Preliminary Hearing/Grand Jury
Date of District Court Arraignment
Date of Trial
Date of Sentencing Hearing
IMPORTANT:
Please contact your Prosecuting Attorney’s Office prior to each court
date to verify date and time.
Immediately contact the Prosecuting Attorney’s Office if you’ve
changed your address and/or phone number.
