In Idaho, as in other States, the prosecution decides whether or not to charge the defendant with the death penalty. The prosecutor does not have to do this.
Bk's prosecutor will decide. We still do not know what his decision will be.
Learn about the history of the death penalty in Idaho, including how death sentences are granted, famous exonerations, and current death row numbers.
Bryan Kohberger is accused of murdering Madison Mogen, 21, Kaylee Goncalves, 21, Xana Kernodle, 20, and Ethan Chapin, 20
How Does Someone Get Sentenced To The Death Penalty In Idaho?
When a case goes to trial in Idaho, in certain cases the prosecution has the option to seek the death penalty. Whether or not the defendant is sentenced to the death penalty will depend on the jury.
In order for the death penalty to be given, the jury must come to a unanimous decision, which means that every member of the jury must agree that the defendant should receive the death sentence.
If there is a hung jury (in which the jury are unable to make a verdict) during the penalty phase of the trial, then a life sentence will be issued and there will be no retrial – even if just one member of the jury opposed the death sentence.
Prosecutors have not yet announced if they will pursue the death penalty if Kohberger's case heads to trial.