Fams' Opinions on LWOP or DP. ISSUE 2. Who Votes? How to Calculate Votes?
…. All of the families have been interviewed. The Chapin family's views are unknown. Xana's mother chose LWOP, her father opted for the death penalty, as did the Goncalves and Maddie's family. If he is convicted, the families' majority opinion, the death penalty, should prevail…
Snipped for focus again, but diff snips.
@Idaho transplant Thanks for your response.
Even limiting idea to this case (or similar hypo case), I’m struggling w applying the concept. Is it a “good idea” for a law that is more complicated than it seems at first blush?
ISSUE 2. How does this voting idea work?
Does prosecutor determine eligibility to vote, issue ballots, count results?
One Person, One Vote? One Victim Family, One Vote?
Is each pair of parents entitled to only one vote? Or one vote per parent? What about a parent who predeceased the child, can surviving parent cast a ballot for him/her? Does a stepparent get a vote, even if the corresponding bio-parent is still living & involved w child?
To avoid possible WS ToS violation by diving into the victim's actual fams not already described in MSM, I'll pose a Q w hypothetical factors & hypo parental opinions.
Parents of Victim A: Mr. A's opn = death penalty; Ms A's opn = LWOP.
Parents of Victim B: Mr. B's opn = no opn, abstains; Ms B's opn = ___.
Parents of Victim C: Mr. C's opn =____; step-mother Ms C's opn = ___.
............................................... bio mother the ex-Ms C = ___.
Parents of Victim D: Mr. D = ____; Ms D = deceased.
Do Victim A's parents get two votes, since they differ? Or only one? Or if they can’t agree, no vote at all.
Is Ms B's opn (whatever it is) counted for two votes, since Mr B abstains/has no opn?
IOW, by his absence, can Ms B "collect" his ballot & cast his vote, along w hers?
What about fam of victim C? Dad, Mom, & Step-Mom? The three of them have 'only' one victim; are they entitled to cast 3 votes?
And then we come to the only surviving parent of Victim D, Mr D. Ms D was a perfect Mother who died (in tragic motor vehicle crash or following long, painful illness, whatever) a month before the murder. Is Mr D entitled to cast a ballot for Ms D, or does her untimely death deprive her of a vote, which Mr D could cast?
What if there’s a tie between LWOP & Death Penalty? How is it resolved?
Is a parent allowed a “write in” – “neither of the above?”
Are victim fam. member’s identities & their votes subject to the ID’s Public Records Act (
https://legislature.idaho.gov/statutesrules/idstat/title74/t74ch1/sect74-102/y ) aka Open Records Act in some states? If this voting idea was enacted, would votes be open to public? IDK
Personally not seeing idea of victims’ families’ “majority vote” (however eligibility could determined and however tally could be calculated) to choose penalty as desirable, not in this instance and not as a new law. The current statute affords victims’ fams “an opportunity to communicate w the prosecution” and allows prosecutor to decide about offenses to charges and whether to seek DP. Seems better than majority-vote-prevails.
Jmo imo, omo moo moo moo
wink], so I'm personally not predicting or interpreting any def. atty motions, briefs or actions. 
