Cassia County Prosecutor's Office
1918 Overland Avenue ::
Burley, ID 83318
Phone: 208-878-0419
Fax: (208)878-2924
Domestic Violence Shelters
Mini-Cassia Shelter for Women & Children
P.O. Box 334 ::
Rupert, ID 83350
Telephone Support Lines
Crisis Line: (208)436-0332
Support Hot Line: (208)312-3344
Idaho Manual on the Rights of Victims of Crime
INTRODUCTION
In November, 1994, voters of Idaho overwhelmingly ratified an
amendment to the Idaho Constitution relating to victims’’
rights. The first bill I sponsored as Idaho's newly-elected
attorney general was House Bill 175, which amended Idaho Code §§
19-5306 relating to victims’’ rights. The primary focus of that
bill was to make statutory provisions for victims’’ rights which
were consistent with the constitutional amendment passed by the
people of Idaho.
For too many years, the criminal justice system ignored the
rights of crime victims. All of this changed with the amendment
to the Idaho Constitution in November, 1994. It is important to
note that the amendment is found in art. 1 of the Idaho
Constitution, which is entitled "The Declaration of Rights." It
is this portion of the constitution which enshrines those rights
most treasured by Idahoans. Such 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.
I hope this manual will be of assistance to crime victims who
find themselves bewildered by the criminal justice process. This
manual may also be of assistance to prosecutors and judges who
are struggling 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.
My Intergovernmental and Fiscal Law Division 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. ALAN G. LANCE Attorney General of Idaho
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:
To be treated with fairness, respect, dignity and privacy
throughout the criminal justice process.
- To timely disposition of the case.
- To prior notification of trial court, appellate and parole
proceedings and, upon request, to information about the
sentence, incarceration and release of the defendant.
- To be present at all criminal justice proceedings.
- To communicate with the prosecution.
- 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.
- To restitution, as provided by law, from the person committing
the offense that caused the victim's loss.
- 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.
- To read pre-sentence reports relating to the crime.
- 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 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
Rights of victim during investigation, prosecution and
disposition of the crime.
Each victim of a criminal or juvenile offense shall be:
-
Treated with fairness, respect, dignity and privacy
throughout the criminal justice process;
-
Permitted to be present at all criminal justice
proceedings or juvenile proceedings including probation
proceedings;
-
Entitled to a timely disposition of the case;
-
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;
-
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;
-
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;
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;
-
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;
-
Assured the expeditious return of any stolen or other
personal property by law enforcement agencies when no longer
needed as evidence;
-
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.
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.
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.
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.
As used in this section:
"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;
"Criminal offense" is any charged felony or a misdemeanor
involving physical injury, or the threat of physical injury, or
a sexual offense;
"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.
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 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) |
