Prosecuting Attorney FAQ's

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)).

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."

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."

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).

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).

Idaho Code §19-5306 provides victims’ rights to any individual who is a "victim" of crime or a juvenile offense.

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.

Yes. Victims can be present at all justice proceedings or juvenile proceedings unless there is a conflict with a subpoena which has been issued.

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.

Because practices vary from county to county, the section does not specify who should inform the victim except where probation is considered following a period of retained jurisdiction, but most counties have delegated the responsibility to the prosecuting attorneys because they represent 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.

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.

Yes. If the victim does not communicate with the prosecuting attorney after having been notified that discussion concerning a plea agreement will take place.

The sentence given a criminal defendant is solely in the judge's discretion. However, the victim has the right to be consulted in the pre-sentence 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.

Under Idaho law, pre-sentence investigation reports are confidential; however, Idaho Code §19-5306(1)(h) grants the victim the right to read the pre-sentence 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.

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)(i)). For example, if release is granted by the commission of pardons and parole, the commission shall notify the victim.

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.

The amendment does not provide for any money damages against these agencies. (Idaho Code §19-5306(4)).
 

A violation of the victim’s rights does not constitute a mistrial (Idaho Code §19-5306(4)).

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, 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?

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).

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.

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.

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.state.id.us