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When the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous. In case of a hung jury during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial). [1] The power of clemency belongs to the Idaho Commission of Pardons and Parole. [2]
The following is a list of people executed by the U.S. state of Idaho since capital punishment was resumed in 1976. Three men have been executed for murder since the Gregg v. Georgia decision; all three were executed by lethal injection at the Idaho Maximum Security Institution , east of Kuna . [ 1 ]
Only a handful of the 27 states where the death penalty remains legal have carried out as few executions as Idaho: Kentucky, Montana and Pennsylvania have also each put to death three people since ...
According to official sources, Richard Leavitt was the third person to be executed by the state of Idaho since 1994, the same year when the state first resumed executions by carrying out the death penalty of Keith Wells, 18 years after the U.S. resumed the use of capital punishment in 1976.
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“Idaho’s (capital punishment) scheme fails utterly to define those who should be death eligible,” said Jay Logsdon, public defender for Bryan Kohberger.
Harris, 465 U.S. 37 (1984) — A state appellate court, before it affirms a death sentence, is not required to compare the sentence in the case before it with the penalties imposed in similar cases if requested to do so by the prisoner. Whitmore v. Arkansas, 495 U.S. 149 (1990) — Mandatory appellate review is not required in death penalty cases.
“It does seem to be a battle to save their client’s life rather than a real battle for what they believe to be the innocence of their client,” a national legal pundit said.