Idaho Code
Idaho Code § 19-2016 (2026)
Number of peremptory challenges.
✓ current as of May 2026
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Number of peremptory challenges.
If the offense charged is punishable with death or with imprisonment in the state prison for life, the defendant is entitled to ten (10) and the state to ten (10) peremptory challenges. On a trial for any other offense the defendant is entitled to six (6) and the state six (6) peremptory challenges.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1941–2025 · leading case: State v. Radabaugh, 471 P.2d 582 (Idaho 1970).
State v. Radabaugh, 471 P.2d 582 (Idaho 1970). “California has enacted a statute similar to I.C. § 19-2016 8 and it has-been held in that jurisdiction that a defendant who is tried on a single indictment charging two capital offenses of the same-degree is not entitled to twice the number of peremptory challenges prescribed by…”
State v. Radue, 564 P.3d 1230 (Idaho 2025). “I.C. § 19-2016. However, on February 17, 2022, this Court issued an order that limited the number of peremptory challenges to three because of the COVID-19 pandemic.”
State v. Barr, 117 P.2d 282 (Idaho 1941). “Section 19-2016,1. C. A., provides: “Upon a trial for having.”
State v. Harrell (Idaho 2023). “He asserts that Idaho Code section 19-2016, which provides criminal defendants with ten peremptory challenges when facing death or life in prison, created a constitutionally protected right that could not be altered without due process.”
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