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Idaho Criminal Rule 42(i).  Nonsummary Proceedings - Trial.

(1) Court trial or jury trial.  The trial shall be before the court without a jury, provided, that if the respondent is charged with multiple counts tried in one proceeding, the court cannot impose consecutive criminal sanctions totaling more than six months in jail unless the respondent was given, or voluntarily waived, the right to a jury trial.

 

(2) Trial rights required to impose a criminal sanction.  The court cannot impose a criminal sanction following a trial unless the respondent was provided the following rights:  a public trial, compulsory process, the presumption  of innocence, the privilege against self-incrimination, the right to call and cross-examine witnesses, the right to testify in oneís own behalf, the right to exclude evidence that was obtained in violation of the respondentís Fourth Amendment rights, the right to counsel, if applicable, and the right to a unanimous verdict if there was a jury trial.

 

 

(Prior Rule 42 RESCINDED; New Rule 42 Adopted March 24, 2005, effective July, 2005.)

As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.

 

Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton



Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Karen L. Lansing
Judge Sergio A. Gutierrez
Judge David W. Gratton

 

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