Idaho State Statutes - Idaho Attorney Directory

18-4505 - INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SENTENCE IN KIDNAPPING CASES -- STATUTORY AGGRAVATING CIRCUMSTANCES -- JUDICIAL FINDINGS.

INQUIRY INTO MITIGATING OR AGGRAVATING CIRCUMSTANCES -- SENTENCE
IN KIDNAPPING CASES -- STATUTORY AGGRAVATING CIRCUMSTANCES -- JUDICIAL
FINDINGS. 1. After a plea or verdict of guilty, where a discretion is
conferred upon the court as to the extent of the punishment, the court, upon
the oral or written suggestion of either party that there are circumstances
which may be properly taken into view either in aggravation or mitigation of
the punishment, may, in its discretion, hear the same summarily, at a
specified time, and upon such notice to the adverse party as it may direct.
2. Where a person is convicted of an offense which may be punishable by
death, a sentence of death shall not be imposed unless a notice of intent to
seek the death penalty was filed and served as provided in section 18-4504A,
Idaho Code, and the court finds at least one (1) statutory aggravating
circumstance. Where the court finds a statutory aggravating circumstance the
court shall sentence the defendant to death unless the court finds that
mitigating circumstances which may be presented outweigh the gravity of any
aggravating circumstance found and make imposition of death unjust.
3. In all cases in which the death penalty may be imposed, the court
shall, after conviction, order a presentence investigation to be conducted
according to such procedures as are prescribed by law and shall thereafter
convene a sentencing hearing for the purpose of hearing all relevant evidence
and arguments of counsel in aggravation and mitigation of the offense. At such
hearing, the state and the defendant shall be entitled to present all relevant
evidence in aggravation and mitigation. Should any party present aggravating
or mitigating evidence which has not previously been disclosed to the opposing
party or parties, the court shall, upon request, adjourn the hearing until the
party desiring to do so has had a reasonable opportunity to respond to such
evidence. Evidence admitted at trial shall be considered and need not be
repeated at the sentencing hearing. Evidence offered at trial but not admitted
may be repeated or amplified if necessary to complete the record.
4. Upon the conclusion of the evidence and arguments in mitigation and
aggravation the court shall make written findings setting forth any statutory
aggravating circumstance found. Further, the court shall set forth in writing
any mitigating factors considered and, if the court finds that mitigating
circumstances outweigh the gravity of any aggravating circumstance found so as
to make unjust the imposition of the death penalty, the court shall detail in
writing its reasons for so finding.
5. Upon making the prescribed findings, the court shall impose sentence
within the limits fixed by law.
6. The following are statutory aggravating circumstances, at least one
(1) of which must be found to exist beyond a reasonable doubt before a
sentence of death can be imposed:
(a) The victim of the kidnapping was subjected by the kidnapper or those
acting in concert with him to torture, maiming or the intentional
infliction of grievous mental or physical injury.
(b) The defendant knowingly created a great risk of death to any person,
including the kidnapped.
(c) The kidnapping was committed for remuneration or the promise of
remuneration or the defendant employed another to commit the kidnapping
for remuneration or the promise of remuneration.
(d) The kidnapping was especially heinous, atrocious or cruel,
manifesting exceptional depravity.
(e) The kidnapping was committed for the purpose of murdering or maiming
a witness or potential witness in a judicial proceeding.

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