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State And Federal Info

Indiana

History of the Death Penalty

The death penalty has been present in Indiana for much of the state’s history. Death penalty laws were part of Indiana’s legislation and culture even before Indiana was granted statehood in 1816. Hangings were fairly frequent in the 1800’s, and in some cases public hangings resulted in violent mobs that killed the inmate even before they were hung. This changed with the introduction of the electric chair, which became the primary method of execution in 1913. The death penalty is still used, but executions have been limited in number since reinstatement in 1978, with less than 25 executions.

Notable Exonerations

In 1978, Larry Hicks was sentenced to death for the stabbings of Norton Miller and Stephen Crosby at a neighbor’s party. He was seen earlier threatening the two individuals with a knife. The Playboy Foundation became interested in Hicks’ claim of innocence and granted Hicks money for a retrial after he passed a lie detector test. He was granted a retrial based on ineffective representation at his first trial, and the conviction was overturned once eyewitnesses recanted their testimonies and Hicks provided an alibi. He was released from death row in 1980 and cleared of charges.

Notable Commutations/Clemencies

Arthur Baird’s story is an example of how mental illness can impact death penalty cases. Baird strangled his wife, Nadine Baird, killing her and their unborn child in 1985. The next morning he went on to stab his parents, Arthur and Kathryn Baird. The unusual circumstances surrounding his case, including holding his dead wife for hours in front of a television and feeding his chickens and receiving a haircut before killing his parents, raised questions about Baird’s sanity. Although the Board of Paroles denied his petition for clemency, Governor Mitch Daniels granted Baird clemency on August 9, 2009, the day before his scheduled execution.

Famous Cases

Debra Denise Brown, along with Alton Coleman, was convicted for raping, robbing and murdering several victims throughout the summer of 1984. Both Brown and Coleman were sentenced to death in Indiana and Ohio. Brown’s death sentence in Ohio was commuted to life without parole largely due to questions raised about her intellectual functioning and mental ability, as well as the dependency on Coleman to commit the crimes. The same concerns led to her Indiana death sentence being modified to a 140-year sentence. Her partner, Coleman, was executed in 2002.

Other Interesting Facts

Over time, Indiana has utilized three methods of execution. Until 1913, hanging was the primary method of execution for those sentenced to death. Electrocution was then used until 1995, when lethal injection was first used. Lethal injection is the current primary method of execution in Indiana.

According to Indiana codes, the execution of a death row inmate must take place before sunrise on the execution day.

On July 1, 2002, Indiana shifted away from sentencing in death penalty cases with a judge towards sentencing with a jury. The judge is only to get involved should the jury not unanimously agree on the death sentence.

Indianapolis skyline. Public domain image.
Indianapolis sky­line. Public domain image.

Resources

  • American Bar Association Indiana Death Penalty Assessment
  • Department of Corrections
  • Prosecutors
  • Indiana Public Defender Council (death penalty links)
  • Indiana Abolition Coalition

Indiana Execution Totals Since 1976

News & Developments


Intellectual Disability

Mar 01, 2021

Capital Case Roundup — Death Penalty Court Decisions the Week of February 22, 2021

NEWS (2/​25/​21) — Alabama: The U.S. Court of Appeals for the 11th Circuit has denied habeas relief for Alabama death-row pris­on­er Charles Clark, who the tri­al court had sen­tenced to death based upon a non‑u…

Race

Aug 17, 2020

Capital Case Roundup — Death Penalty Court Decisions the Week of August 10, 2020

NEWS (8/​14/​20) — Alabama: The Alabama Court of Criminal Appeals has affirmed a low­er court rul­ing grant­i­ng a new tri­al to death-row pris­on­er Ste…

Dec 11, 2019

Indiana Marks 10 Years Without an Execution

When Indiana exe­cut­ed Matthew Wrinkles on December 11, 2009, it was the twen­ti­eth exe­cu­tion car­ried out since the state rein­stat­ed the death …

Indiana Marks 10 Years Without an Execution

Sentencing Data

Aug 07, 2019

Death Penalty Waning in Indiana, With Fewer Capital Prosecutions and No Death Sentences

Following the trends across most of the Midwest, the death penal­ty is wan­ing in Indiana. Capital pros­e­cu­tions are down, no jury has vot­ed for death since 2013, and the state is clos­ing in on its tenth con­sec­u­tive year with­out an e…

Death Penalty Waning in Indiana, With Fewer Capital Prosecutions and No Death Sentences

Lethal Injection

Jun 17, 2019

Indiana Judge Orders State to Pay $538,000 in Attorney Fees for Stonewalling Release of Lethal-Injection Records

Citing ​“egre­gious” mis­con­duct by state prison offi­cials in try­ing to evade a court order to pro­duce pub­lic records con­cern­ing its efforts to obtain lethal-injec­tion drugs, an Indiana judge has direct­ed the state’s Department of Co…

Indiana Judge Orders State to Pay $538,000 in Attorney Fees for Stonewalling Release of Lethal-Injection Records

Costs

Mar 12, 2019

To End Years-Long Delays, Prosecutors in Three States Drop Death Penalty

Prosecutors in sep­a­rate cap­i­tal cas­es in Indiana, Florida, and Texas have dropped pur­suit of the death penal­ty in order to end noto­ri­ous­ly lengthy delays and facil­i­tate heal­ing for the vic­tims’ fa…

To End Years-Long Delays, Prosecutors in Three States Drop Death Penalty

Lethal Injection

Dec 06, 2018

Execution Secrecy Takes a Hit in Court Proceedings in Indiana, Missouri

The exe­cu­tion process in Indiana and Missouri may become more trans­par­ent as a result of pub­lic-access law­suits filed in the two states. In Indiana, a Marion County tri­al judge ruled on November 30, 2018 that the …

Execution Secrecy Takes a Hit in Court Proceedings in Indiana, Missouri

Mental Illness

Nov 12, 2018

A Veterans Day Review: Recent Cases Highlight Concerns About Veterans and the Death Penalty

As Americans become increas­ing­ly aware of the role of com­bat trau­ma in the devel­op­ment of Post-Traumatic Stress Disorder (PTSD) and oth­er men­tal health dis­or­ders, the shift in pub­lic per­cep­tions towards vet­er­ans suf­fer­ing from these dis­or­ders has …

A Veterans Day Review: Recent Cases Highlight Concerns About Veterans and the Death Penalty

Arbitrariness

Nov 01, 2018

Indiana Defendant Files Broad Challenge Seeking to Strike Down State's Death Penalty

Lawyers for Marcus Dansby (pic­tured), a defen­dant fac­ing cap­i­tal mur­der charges in Allen County, Indiana, have filed a motion ask­ing the tri­al judge to declare Indiana’s death penal­ty uncon­sti­tu­tion­al and to bar p…

Indiana Defendant Files Broad Challenge Seeking to Strike Down State's Death Penalty

Arbitrariness

Sep 18, 2018

Death Off the Table for Four Former Death-Row Prisoners, as Death Row Continues to Shrink Nationwide

In a peri­od of less than one week, four for­mer death-row pris­on­ers in four sep­a­rate states learned that they no longer face exe­cu­tion, con­tribut­ing to the con­tin­u­ing decline in the num­ber of peo­ple on death rows across the U.S. The result of the u…

Death Off the Table for Four Former Death-Row Prisoners, as Death Row Continues to Shrink Nationwide
View More

View Information by State

Additional Information


  • Death Penalty: Yes
  • Number of Executions Since 1976: 20
  • Number of Executions Before 1976 (may include federal and military executions): 131
  • Current Death Row Population: 8
  • Women on Death Row: 0
  • Number of Innocent People Freed From Death Row: 2
  • Number of Clemencies Granted: 3
  • Date of Reinstatement (following Furman v. Georgia): May 1, 1973
  • First Execution After Reinstatement: 1981
  • Location of Death Row/Executions (Men): Indiana State Prison in Michigan City
  • Location of Death Row/Executions (Women): Indiana Women's Prison, Indianapolis
  • Capital: Indianapolis
  • Region: Midwest
  • Population: 6,483,802
  • Murder Rate (per 100,000 population): 6
  • Is Life Without Parole an Option?: Yes
  • Can a defendant get death for a felony in which s/he was not responsible for the murder?: Yes
  • Method of Execution: Lethal Injection
  • How is Sentence Determined?: Jury
  • Clemency Process: Governor has authority to grant clemency with nonbinding advice of Board of Pardons and Paroles
  • Governor: Eric Holcomb

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