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New Indiana criminal code being implemented in courtrooms

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A landmark event happened quietly July 1 when Indiana began implementing its new criminal code, the first major overhaul of the massive statute in more than 35 years.

For Darrin Dolehanty, being a part of that history meant spending evenings, weekends and breaks between court hearings hunched over the computer. The Wayne Superior judge typed sections of the code into individual sheets, listing the new classifications and penalties for the felonies and misdemeanors he would most likely see in his court.
 

dolehanty-darrin-mug Dolehanty

Now, when a case arrives with the defendant being charged under the new criminal code, one of Dolehanty’s cheat sheets is placed in the case file as a visual reminder for him to slow down and pay close attention.

“Because it’s such a big change, everybody is really paying extra attention,” Dolehanty said. “My concern is once the new code becomes a part of the landscape, (the careful attention) is going to stop.”

Prosecutors, public defenders and judges around the state have been attending special seminars, updating computer programs and reading through the new criminal code in preparation for the switch. Many say they will need about six months before they feel comfortable with the new code, and they expect they will be juggling cases charged under the old code for at least another 12 to 18 months.

While most agree an overhaul was needed, they are certain the changes will spark legal disagreements that state appellate courts will have to settle.

“It doesn’t matter if you say the sky is blue, it’s always open to interpretation,” Hendricks County Prosecutor Patricia Baldwin said when asked if the language in the new code was clear. “I think there will be a lot of appeals coming because of its new wording.”

Indiana’s new criminal code is the result of several years of work in the Legislature. The intent is to put proportionality back into the statutes by making sure the penalties are appropriate for the crimes as well as to ease overcrowding in the state prisons by incarcerating only violent offenders while providing alternative sentences to the nonviolent defendants.

The General Assembly passed the overhaul during the 2013 session but delayed the effective date until July 1, 2014. Work continued on House Enrolled Act 1006 and, in the 2014 session, lawmakers revamped the sentencing structure to try to give judges more discretion and to ensure the Indiana Department of Correction would not run out of space.

Implementing the code

For the state to achieve its goals, the criminal section of the bench and bar have the heavy, sometimes tedious, task of putting the new criminal code into practice.

The Indiana Judicial Center, the Indiana Prosecuting Attorneys Council and the Indiana Public Defender Council have all conducted workshops to educate their members about the changes. Daylong seminars, online videos and printed materials are part of the effort to help attorneys and judges navigate the learning curve.


carmichael-vicki-mug Carmichael

Clark Superior Judge Vicki Carmichael volunteered to help with the training sessions offered by the Judicial Center. Her team had to go back several times and revise their presentations as the Legislature kept tinkering with the code. The night before the first seminar, she recalled they were all nervous, realizing they were responsible for teaching the code to their colleagues.

“My comfort level is better than some of my colleagues,” Carmichael said. “I learned it because I had to. I read it and presented it, but it’s still different.”

In Vigo County, Prosecutor Terry Modesitt and his staff keep a printed copy of the new code in the office and regularly refer to a chart displaying the offenses, new classifications and new sentences.

One of the deputy prosecutors in Baldwin’s office volunteered to go through the new code and input all the new information for every single felony into the office’s computer system. Likewise, the office of Washington County Prosecutor Dustin Houchin keeps both a printed copy and an electronic copy of the code along with redrafts of the charging forms.


houchin-dustin-mug Houchin

Judges, prosecutors and defense attorneys are going to need to keep a copy of the new code handy, Houchin, who is also chairman of the IPAC board, said. With hundreds of pages to commit to memory, at least initially, everyone will be consulting their copies.

Currently, much of the implementation rests with the prosecutors who must make sure the charges are correct and that defendants offered a plea are aware of the changes concerning good-time credit.

Sentencing changes

By September or October, Dolehanty expects defendants convicted of felonies to start appearing in his courtroom to be sentenced under the new guidelines. He is most concerned about sentencing and calculating good-time credit.

Generally, the new criminal code divides offenses so individuals convicted of drug and nonviolent crimes will get one day credit for every day served while persons guilty of violent crimes will get one day credit for every three days served. Consequently, defendants convicted of serious offenses, like murder and rape, will have to serve at least 75 percent of their sentences.

In general, penalties for drug offenses were reduced with placement made in a community-based treatment program rather than incarceration in the Department of Correction.

Larry Landis, executive director of the Indiana Public Defender Council, sees the move to help addicts as an attempt to break what he called the state’s own addiction to incarceration. The war on drugs and the war on crime has increased costs but not reduced recidivism, he said. Society must look for better ways to provide for the public’s safety as well as help people with drug problems.

Both Baldwin and Modesitt raised concerns about the new drug sentencing provisions. Only a small percentage of offenders who enter treatment are rehabilitated because success depends on a number of factors like personal commitment and family support, which are beyond the control of the courts and the DOC.

In addition, Baldwin called the drug penalties “shortsighted” because the Legislature did not see the bigger picture that many other crimes are driven by drugs.

Houchin anticipates the sentencing guidelines for drug offenses will generate substantial litigation because those changes are the most extensive. However, in general, he expects more time in the courtroom will be spent arguing over the code’s language. Many times, the Indiana Supreme Court will have to determine the Legislature’s intent.

Carmichael agreed the state appellate courts will be called upon frequently to interpret the new code – in particular the sentencing scheme. Yet, she said, “I think judges, generally, are pleased with the legislation because it gives us more discretion than we had under the old code to fashion a sentence appropriate for the defendant.”

In local courtrooms, Landis and Modesitt believe more trials are likely. Defendants charged with serious crimes will be more inclined to go to trial rather than accept a plea agreement because they will not want to serve 75 percent of their sentence. Those facing lesser offenses will be tempted to try for a not guilty verdict since even if they lose at trial, they will not have to spend much time in jail.

Despite the questions sure to arise, Houchin is confident the code will be implemented without greatly disrupting the work of the courts.

“It’s still practicing criminal law,” he said, “so at the end of the day, we’re actually doing things very similar to what we have done before.”•
 

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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