Capital punishment in Indiana

Capital punishment is a legal penalty in the U.S. state of Indiana. The last man executed in the state was the murderer Matthew Wrinkles in 2009.

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, the judge decides the sentence.[1]

Indiana is one of the four states (alongside Alabama, Delaware and Florida) that have allowed a judge to override a jury's recommendation of a life sentence to the death penalty or death penalty to a life sentence. The Indiana override statute was abolished in 2002.[2]

The power of clemency belongs to the Governor of Indiana after receiving a non-binding advice from the Indiana Parole Board.[3]

Capital crimes

The following constitutes first-degree murder with aggravating circumstances, which is the only capital crime in Indiana.[1]

  1. The murder was especially heinous, atrocious, cruel or depraved (or involved torture)
  2. The capital offense was committed during the commission of, attempt of, or escape from a specified felony (kidnapping, rape, sodomy, arson, oral copulation, train wrecking, carjacking, criminal gang activity, drug dealing, or aircraft piracy).
  3. The murder was committed from a motor vehicle or near a motor vehicle that transported the defendant.
  4. The murder was committed by intentionally discharging a firearm into an inhabited dwelling.
  5. The defendant killed the victim while lying in wait.
  6. The murder was committed by means of a bomb, destructive device, explosive, or similar device.
  7. The defendant caused or directed another to commit murder, or the defendant procured the commission of the offense by payment, promise of payment, or anything of pecuniary value.
  8. The victim of the murder was less than 12 years of age.
  9. The victim was a pregnant woman, and the murder resulted in the intentional killing of a fetus that has attained viability.

See also

References
  1. Indiana Code - ยง 35-50-2-9
  2. Radelet, Michael L. (2011). "Overriding jury sentencing recommmendations in Florida capital cases: an update and possible half-requiem" (PDF). Michigan State Law Review.
  3. http://www.in.gov/idoc/2324.htm
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