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Monday, August 24, 2009
Ind. Law - It's the Law: "Death penalty explained in three parts"
Ken Kosky's "It's the Law" column in the NWI Times this week begins a three-part series on the death penalty with an examination of what makes a killer eligible for like in prison or the death penalty (while others who commit murder in Indiana are not eligible under Indiana law to serve more than the 45- to 65-year prison sentence, so with credit for good behavior they can get out of prison in a few decades):
Indiana law states that prosecutors, to seek life in prison or the death penalty, must prove the existence of at least one of these aggravating circumstance:-The defendant committed the murder by intentionally killing the victim while committing arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, robbery, carjacking, criminal gang activity or dealing in cocaine or a narcotic drug.
-The defendant killed by unlawful detonating of an explosive with intent to cause injury or damage.
-The defendant killed by lying in wait.
-The defendant was hired to commit the murder or hired someone to commit the murder.
-The victim was a corrections employee, probation officer, parole officer, community corrections worker, home detention officer, fireman, judge or law enforcement officer -- and was killed during duty or because of something he or she did on duty.
-The defendant has been convicted of or committed another murder.
-The defendant was in custody, on parole or on probation due to a felony when the murder occurred.
-The defendant burned, mutilated or tortured the victim while the victim was alive, or dismembered the victim.
-The victim was less than 12 years of age.
-The victim was a victim of any of these offenses for which the defendant was convicted: battery, kidnapping, criminal confinement and sex crimes.
-The murder was done to prevent a witness from testifying.
-The murder was committed by firing a gun from a vehicle or into an inhabited dwelling.
-The victim was pregnant and a viable fetus was killed.
There are mitigating circumstances that may work in the defendant's favor, such as his age (younger than 18), mental state or lack of criminal record. Other mitigating factors include the fact that the defendant was an accomplice in a murder and had a minor role, the defendant was acting under the domination of another person or the victim participated or consented to the defendant's conduct.
Posted by Marcia Oddi on August 24, 2009 08:15 AM
Posted to Indiana Law