ILNews

Justices discuss jury unanimity in molestation cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.

Elmer Baker was convicted of three counts of child molesting with two of his victims being relatives and one the friend of a victim. He challenged his convictions on several grounds, but the only issue the Supreme Court took up in Elmer D. Baker v. State of Indiana, No. 17S04-1009-CR-500, was Baker’s challenge that his convictions aren’t sustained by evidence of jury unanimity. The justices summarily affirmed the Indiana Court of Appeals opinion in all other respects.

The victims testified at trial of multiple acts, but Baker was only convicted of two counts of Class A felony child molesting and one count of Class C felony child molesting.

The justices delved into issues surrounding unanimous verdicts and child molesting cases, noting in general, the precise time and date of the commission of a child molestation offense isn’t regarded as a material element of the crime. Writing for the court, Justice Robert Rucker pointed out that depending on the facts, applying the rule of jury unanimity can present challenges in charges of child molestation.

The justices then went on to give a few scenarios in which this issue arises, including when a young child is abused so frequently that they lose any reference of time and give generic testimony, such as the molestation occurred every time the parent went to the store. Several jurisdictions have enacted criminal statutes that don’t require evidence of particular incidents for prosecution, yet Indiana has not. The justices encouraged the General Assembly to consider adopting a statute criminalizing an ongoing pattern of sexual abuse when the victim is unable to reconstruct the specific circumstances of any one incident.

Jury unanimity is also at issue when, as in the case of Baker, evidence is presented of a greater number of separate criminal offenses than the defendant is charged with. The “either/or” rule is the procedure most commonly followed to balance the need to prosecute these types of cases.

“That is to say, the defendant is entitled either to an election by the State of the single act upon which it is relying for a conviction or to a specific unanimity instruction,” wrote Justice Rucker.

The Indiana justices decided to adopt the California Supreme Court’s adoption of the either/or rule, and held that the state may in its discretion designate a specific act or acts on which it relies to prove a particular charge. If the state decides not to so designate, then the jurors should be instructed that in order to convict the defendant they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all of the acts described by the victim and included within the time period charged.

The state didn’t do so in Baker’s case, but it wasn’t compelled to do so. In addition, Baker never objected to the trial court’s instruction nor offered an instruction of his own, so the issue is waived, the justices ruled. They held Baker didn’t demonstrate that the instruction error was so prejudicial that he was denied a fair trial.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  2. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  3. Indiana up holds this behavior. the state police know they got it made.

  4. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

  5. Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?

ADVERTISEMENT