Title 19, CRIMINAL PROCEDURE

19-1106. EVIDENCE FOR DEFENDANT. The grand jury is not bound to hear evidence for the defendant; but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should…

19-1107. SUFFICIENCY OF EVIDENCE TO WARRANT INDICTMENT. The grand jury ought to find an indictment when all the evidence before them, taken together, if unexplained or uncontradicted, would, in their judgment, warrant a conviction by a trial jury.

19-1108. DUTY OF JUROR HAVING KNOWLEDGE OF OFFENSE. If a member of a grand jury knows, or has reason to believe, that a public offense, triable within the county, has been committed, he must declare the same to his fellow jurors, who must thereupon investigate the same.

19-1110. ACCESS TO PRISONS AND PUBLIC RECORDS. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records within the county.

19-1111. WHO MAY BE PRESENT AT SESSIONS OF JURY. The grand jury may, at all reasonable times, ask the advice of the court, or the judge thereof, or of the prosecuting attorney; but unless such advice is asked, the judge of the court must not be present during the sessions of the …

19-1112. PROCEEDINGS TO BE SECRET. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted on a matter before them; and such matters shall be subject to disclosure ac…

19-1113. JUROR NOT TO BE QUESTIONED. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for a perjury of which he may have been guilty, in making an accusation or givin…

19-1114. NOTICE OF REFUSAL TO GIVE INCRIMINATING EVIDENCE -- AGREEMENT TO TESTIFY WITH IMMUNITY -- PERJURY -- COMPELLING ANSWER. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person has advised t…

19-1115. REFUSAL TO GIVE INCRIMINATING EVIDENCE -- COMPELLING TO ANSWER OR PRODUCE EVIDENCE -- IMMUNITY -- PERJURY. In any criminal proceeding or in any investigation or proceeding before a grand jury in connection with any criminal offense, if a person refuses to answer a questi…

19-1116. SPECIAL INQUIRY JUDGE. Upon the petition by affidavit of a prosecuting attorney of any county of the state of Idaho for the appointment of a special inquiry judge to conduct an inquiry into the existence of suspected crime or corruption within his jurisdiction, the admin…

19-1117. SPECIAL INQUIRY JUDGE -- PETITION FOR ORDER. (1) When the prosecuting attorney of any county has reason to suspect crime or corruption, within his jurisdiction, and there is reason to suspect that there are persons who may be able to give material testimony or provide ma…

19-1118. SPECIAL INQUIRY JUDGE -- DISQUALIFICATION FROM SUBSEQUENT PROCEEDINGS. The judge serving as a special inquiry judge shall be disqualified from acting as a magistrate or judge in any subsequent court proceeding arising from such inquiry except alleged contempt for neglect…

19-1119. SPECIAL INQUIRY JUDGE -- DIRECTION TO PROSECUTING ATTORNEY TO PARTICIPATE IN PROCEEDINGS IN ANOTHER COUNTY -- PROCEDURE. Upon petition of a prosecuting attorney to the special inquiry judge that there is reason to suspect that there exists evidence of crime and corruptio…

19-1120. WITNESSES -- ATTENDANCE. (1) A prosecuting attorney may call as a witness, in a special inquiry judge proceeding, any person suspected by him to possess information or knowledge relevant thereto and may issue legal process and subpoena to compel his attendance and the pr…

19-1121. SELF-INCRIMINATION -- RIGHT TO COUNSEL. Any individual called to testify before a special inquiry judge, whether as a witness or principal, if not represented by an attorney appearing with the witness before the special inquiry judge, must be told of his privilege agains…

19-1122. SELF-INCRIMINATION -- REFUSAL TO TESTIFY OR GIVE EVIDENCE -- PROCEDURE. If in any proceedings before a special inquiry judge, a person refuses, or indicates in advance a refusal, to testify or provide evidence of any other kind on the ground that he may be incriminated t…

19-1123. SECRECY ENJOINED -- EXCEPTIONS -- USE AND AVAILABILITY OF EVIDENCE. (1) No individual, who is present during a special inquiry judge proceeding or who shall gain information with regard to said inquiry, shall disclose the testimony of a witness examined before the specia…