Families of Murder Victims. Opinions on Sentencing? ID. Victims' Rights?
If the jury finds BK guilty, then at the sentencing phase the family members may give impact statements, but according to Idaho Code, they are not allowed to discuss their views on whether or not BK should get the death penalty. If they do, the judge will advise the jury not to take their remarks into consideration.
@Sundog Thank you very much for clarifying my earlier somewhat murky point on issue of some victims' family members having differing opinions about approp. sentencing, which was open to interpretation that victims could express their opinions In COURT about approp. sentencing. Not true, altho as my post said, victims may express opinions about sentencing w MSM (and other places).
Actual jury instruction re VIS*** is below,
- describing it as a "statement concerning the victim’s personal characteristics and the emotional impact of the murder."
- noting "not made under oath and is not subject to cross-examination."
- and as your post (paraphrased), may NOT "make any statements that are characterizations or opinions about the crime, the defendant, or the appropriate sentence, and you should disregard any such comments."
Sources verifying your clarification and post:
ID Statute re Victims Rights.*
ID Criminal Jury Instructions, Victim Impact Statement **
ID Atty Gen. Manual of Crime Victims Rights.*** A few Q & A from manual.
FWIW, imo.
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* ID Statute re Victims Rights
legislature.idaho.gov
"19-5306. RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME."
Section 19-5306 – Idaho State Legislature
** ID. Criminal Jury Instruction. 1710 VICTIM IMPACT STATEMENT
isc.idaho.gov
"Victims have the right to personally address you by making a victim impact statement, which is a statement concerning the victim’s personal characteristics and the emotional impact of the murder. A victim impact statement is not made under oath and is not subject to cross-examination. A victim may not make any statements that are characterizations or opinions about the crime, the defendant, or the appropriate sentence, and you should disregard any such comments."
*** ID. Attorney General. "Idaho Manual on the Rights of Victims of Crime, 2023"
"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. 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. 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."
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