Punishment for murder.
Subject to the provisions of sections 19-2515 and 19-2515A, Idaho Code, every person guilty of murder of the first degree shall be punished by death or by imprisonment for life, provided that a sentence of death shall not be imposed unless the prosecuting attorney filed written notice of intent to seek the death penalty as required under the provisions of section 18-4004A, Idaho Code, and provided further that whenever the death penalty is not imposed the court shall impose a sentence. If a jury, or the court if a jury is waived, finds a statutory aggravating circumstance beyond a reasonable doubt but finds that the imposition of the death penalty would be unjust, the court shall impose a fixed life sentence. If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct, except for meritorious service. Every person guilty of murder of the second degree is punishable by imprisonment not less than ten (10) years and the imprisonment may extend to life.
Notes of Decisions
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
· cites it 22× “I.C. § 18-4004 (Michie 2002). In fact, Idaho Code section 18-4004 has prescribed a punishment of death for first-degree murder since its enactment in 1972.”
State v. Lindquist, 589 P.2d 101 (Idaho 1979).
· cites it 32× “In February of 1976 the district court sentenced the defendant to death pursuant to the version of I.C. § 18-4004 then in effect, which provided "[e]very person guilty of murder in the first degree shall suffer death.”
State v. Wilson, 690 P.2d 1338 (Idaho 1984).
· cites it 42× “In 1977, the legislature *1340 amended I.C. § 18-4004 to provide that "every person guilty of murder of the first degree shall be punished by death or by imprisonment for life.”
Booth v. State, 262 P.3d 255 (Idaho 2011).
· cites it 36× “Booth pleaded guilty to first-degree murder in exchange for the State’s agreement not to seek “an aggravated circumstance as that term is referenced in Idaho Code 18-4004.” The Rule 11 agreement also required the court to refrain from making a “finding of an aggravated…”
State v. Osborn, 631 P.2d 187 (Idaho 1981).
· cites it 21× “" The court then concluded that, under I.C. § 19-2515, "the statutory aggravating circumstances outweigh mitigating circumstances" and sentenced appellant to death.”
State v. Wilson, 672 P.2d 237 (Idaho Ct. App. 1984).
· cites it 52× “Prior to its amendment by the Legislature in 1977, I.C. § 18-4004 prescribed the death penalty as the sole punishment for first degree murder.”
State v. Creech, 670 P.2d 463 (Idaho 1983).
· cites it 16× “At the time of Furman , I.C. § 18-4004 read: "Punishment for murder.”
State v. Lankford, 781 P.2d 197 (Idaho 1989).
· cites it 12× “At the time of Furman , I.C. § 18-4004 read: Punishment for murder.”
State v. Sivak, 674 P.2d 396 (Idaho 1983).
· cites it 12× “We now proceed to consider whether the present I.C. § 18-4004 and I.C. § 19-2515, as a sentencing scheme, violate the Idaho Constitution.”
State v. Fain, 774 P.2d 252 (Idaho 1989).
· cites it 12× “At the time of Furman , I.C. § 18-4004 read: Punishment for murder.”
State v. Paul, 800 P.2d 113 (Idaho Ct. App. 1990).
· cites it 22× “” The purpose of this Act was to implement a unified system of sentencing which allows judges to impose a sentence containing both a “fixed” component and an “indeterminate” component, requiring, however, that the judge must state what the minimum period of incarceration shall…”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 17-9-3 (Lexis 2004) (same) Idaho Idaho Code § 18-4004 (Michie 2004) (same) Kentucky Ky.”
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