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Saturday, October 10, 2009
Ind. Courts - "Ind. loophole lets some life sentences end early"
An unattributed story posted on the NWI Times website late this morning, headed "Ind. loophole lets some life sentences end early," reports:
Hundreds of Indiana offenders sent to prison for life are receiving reduced sentences, a newspaper investigation has found.Read in conjunction with this ILB entry from Sept. 7th headed "Lights Out at the Penitentiary: Strapped States are Shutting Prisons."The Times of Munster examined an Indiana Supreme Court database of offenders released from 1962 to 1973 and found that only five of the 273 people released during that time served 40 years or more. Most served an average of 19.4 years.
Those released since 2000 served an average of 21.3 years in prison, the Times analysis showed.
Prosecutors blame the situation on a loophole in Indiana, which could result in offenders sentenced to life without parole being set free sooner than those convicted of lesser crimes.
Before 1977, offenders sentenced to life in prison could gain release either by seeking clemency or asking prosecutors to change their sentences.
The Indiana Criminal Code has since changed, and offenders sentenced to life without parole can now petition the governor for clemency after 10 years of incarceration. By comparison, those serving more than 10 years for lesser crimes can seek clemency only after serving one-third of their sentences, or 20 years, whichever comes first. * * *
More than half of the life offenders released since 2000 returned to prison for new crimes or parole violations, the Times found.
Posted by Marcia Oddi on October 10, 2009 01:21 PM
Posted to Indiana Courts