Pursuing DP? Victims' Family?
If this is a DP case do all 4 families have to agree that BK get the death penalty for it to happen?
Nope. The Latah County Prosecuting Attorney determines the crim. offenses to pursue.
"The elected Prosecuting Attorney defends or prosecutes actions, applications, or motions in the District Court or Magistrate's division in which the People, the State or the County is a party."
"The Latah County Prosecutor’s Office handles State of Idaho felony cases arising in Latah County regardless of who the investigating agency might be." *
Not so briefly.
ID state victims rights statutes provide (over-simplifying here) that family members of murder (and other) victims may provide INPUT to prosecutors about charges and later in the sentencing phase may make "victim impact statements," families do not have the right to DECIDE whether the prosecutor should pursue the death penalty.**
In deciding whether to pursue the DP, prosecutors may consider INPUT from SURVIVING VICTIMS/FAMILIES and PUBLIC OPINION, but ultimately, prosecutor decides.
As always, welcoming clarification or correction, esp'ly from our legal professionals.
* Prosecuting Attorney
** "....(6) 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."
"(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 or juvenile offenses involving crimes
of violence, sex crimes or crimes against children;..."