Crime Victim's Rights? Opting Out of Testifying at Trial?
.... It is going to be rough for Bethany, a primary witness-victim... Bethany was injured, harmed, her life turned upside down, for possibly the rest of her life by what happened August 13. That makes her a victim in my world. No BS. JMO
snipped for focus
@I'm Nobody
Yes, it's going to be rough for BF to testify as a witness at trial (if called).
Yes, BF is a victim in your world.
In the world of criminal law, Latah County prosecutor acting on behalf of the State of Idaho filed charges against BK and is obliged to comply w myriad state and federal laws in doing so. Likewise, under fed. & state law, as the accused, BK (i,e., BK's def. team) also has the right to gather evidence by interviewing witnesses, etc, preparing a defense, right to subpoena witnesses, etc.
NOTE: NOT addressing the specific procedural question re a subpoena served in a foreign jurisdiction (outside the state of Idaho), or the question of compelling testimony at prelim. hearing. Speaking only to whether a "crime victim" has the "right" to refuse to testify at trial, as some have said or suggested.
Is BF a "VICTIM" under Idaho State Constitution and Statutes?*
Per 19-5306 (5), yep, looks like it.
Does the statute give a crime victim the right to REFUSE TO TESTIFY, to opt out of getting on the stand if subpoenaed for trial?
Per 19-5306 (1)(g) a "crime victim is "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."
This refers to def't's attempts to communicate w potential witnesses, such as crime victims, to question outside of court without def't giving notice to the other party --- other party being the state of Idaho --- and without a court order or subpoena.
A crime victim can refuse to talk w def't, except when def'ts "request is authorized by law"--- such as, per subpoena.
And a crime victim, like any person served, has the right to make a motion to request that the court quash or modify a subpoena.
Like BF has done.
IMO. Welcoming clarification or correction, esp'ly from our legal professionals.
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* "CONSTITUTIONAL PROVISIONS – IDAHO CONSTITUTION"
Idaho's State Constitution, Article 1, Section 22? (p. 5 of 23)
sets forth the rights of crime victims, "as defined by statute."
IOW, nobody is a victim, unless/until ID statute defines it/ says so.
So, how do Idaho statutes define "crime victim"? Hint: See (5).
"STATUTORY PROVISIONS – IDAHO CODE
"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;...
"(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;
(5) As used in this section:
(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;..."