Victims' Families. Death Penalty Sentencing?
If this is a DP case do all 4 families have to agree that BK get the death penalty for it to happen?
Short answer: No, the four families here do not "have to agree" on DP (or any issue) "for it to happen."
Under ID. statute, victims are "afforded the opportunity to communicate with the prosecution in criminal... offenses, and be advised of any proposed plea agreement..."*
So the families may, individually or collectively, communicate w the prosecution. And they may have varying beliefs about the DP.
The prosecution is not legally bound to comply w families' preferences. In some cases, one family's beliefs about the DP (or other possible sentences) may conflict w another family's beliefs, and a prosecutor could not accommodate all. Nor could a judge in making the final ruling re sentence.
But practically speaking, as an elected official, the prosecution will give families' input some weight.**
^ imo ^ As always, welcoming clarification or correction, esp'ly from our legal professionals.
"19-5306. RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME. (1) Each victim of a criminal or juvenile offense shall be:..."
"(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 or juvenile offenses involving crimes of violence, sex crimes or crimes against children;
"(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..."
"(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;..."
** "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."
See Prosecutor tab.