Disregarding Families' Requests? Their Rights?
The
The disrespectful and disregarding of the victims' families requests are mind boggling.
snipped for focus
@Sleuth2010 Agreeing that some of the victims' families' REQUESTS are not being fulfilled. Not clear to me if any victims' families' legal RIGHTS under Idaho law are being violated. If so, I've missed it and hope someone can point it out.
Here are applicable sections of ID. statutue re victims rights during investigation & prosecution of crime.
The statutes make for tedious reading for many, but a plain-English version for easier reading is linked in footnotes.*
Applicable sections of ID. statute re victims’ rights.
"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... including probation proceedings;
"(c) Entitled to a timely disposition of the case;
"(d) Given prior notification of trial court, appellate, probation 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... 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;
"(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… ”
“(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.”
(^ sbm, to remove only references to juvenile offences^)
And VICTIMS’ IMPACT EVIDENCE (statements)
“19-2515. SENTENCE IN CAPITAL CASES — SPECIAL SENTENCING PROCEEDING... “ ***
“….(5)(a)…. 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.”
jmo
Editted a bit for easier reading.
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*
https://www.ag.idaho.gov/content/uploads/2018/04/VictimsRights.pdf
**
Section 19-5306 – Idaho State Legislature
***
Section 19-2515 – Idaho State Legislature