| |
 |
| Death
Penalty: |
YES |
| Prohibit
Execution of the Mentally Retarded: |
NO. However, this state must draft legislation with clear and unambiguous language prohibiting executions of persons with an IQ of less than 70 in order to reflect the recent United States Supreme Court decision Atkins v. Virginia, which held that such executions are unconstitutional. |
| Life
Without Parole: |
YES |
| Minimum
Age to Eligible for the Death Penalty: |
16 |
| Number
on Death Row: |
22 |
| Executions
Since 1976: |
1 |
| Race
of Defendants: |
22 white (100%) |
| Race
of Victims: |
100% white |
| Racial
Make-up of State Population: |
91% white, 8% Hispanic, 4% black, 1% American Indian, 1% Asian |
| Innocents
Exonerated: |
YES (1) Charles Fain was released in 2001 after serving 18 years. |
| Columbia
University Study Rate of Error in Capital Cases: |
82% |
| Murder
Rate: |
2 per 100,000 (ranked 47th out of 51) |
| Governor: |
Dirk Kempthorne, (Republican),
|
| Presidential
Vote: |
67% Bush, 28% Gore, 3% Nader (write-in) |
| Public
Opinion on the Death Penalty: |
Unknown |
| Organizations
Working FOR a Moratorium: |
ACLU of Idaho*
P.O. Box 1897
Boise, ID 83701
Jack Van Valkenburgh-contact
208-344-5243--(day)
[email protected]
www.netnow.micron.net/acluid
Amnesty International State Death Penalty Abolition Coordinator
Gardner Hanks-contact
208-334-2150
[email protected] |
| Clemency: |
The State Commission of Pardons and Paroles has the authority to grant clemency. Also the Governor may grant respites and reprieves not extending past the next session of the Commission. |
| Who
Decides Sentence: |
Judge. However, this state must comply with the recent United States Supreme Court decision, Ring v. Arizona, which states that it is unconstitutional to allow judges to increase jury sentences from life imprisonment to death. |
| Method
of Execution: |
Idaho authorizes lethal injection and firing squad at the election of the Director of the Department of Corrections. The firing squad will be used if lethal injection is "impractical" (Deno, Deborah W., "Getting to Death: Are Executions Constitutional?", Iowa Law Review, 1997). |
