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Justices say sentencing scores can be used

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State trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says.

In Anthony Malenchik v. State of Indiana, 79S02-0908-CR-365, the court unanimously found that judges can use what are called Level of Service Inventory-Revised, or LSI-R, in order to assess whether an offender is likely to commit more crimes and determine the level of supervision and type of treatment needed.

“Such evidence-based assessment instruments can be significant sources of valuable information for judicial consideration in deciding whether to suspend all or part of a sentence, how to design a probation program for the offender, whether to assign an offender to alternative treatment facilities or programs, and other such corollary sentencing matters,” Justice Brent Dickson wrote in the 15-page decision.

After pleading guilty to receiving stolen property and admitting to being a habitual offender, Malenchik received a six-year sentence with two years suspended. On appeal, the defendant argued the trial judge used the numerical scores as an aggravating circumstance and that his sentence was improper. He argued that it was improper for the judge to use those scores, as those models aren’t scientifically or objectively reliable and that it conflicts with his state constitutional right that the penal code be founded on reformation principles and not vindictive justice. More broadly, he contended that using such scores could lead to “an unwise fundamental change” in Indiana’s sentencing system. The Court of Appeals affirmed the sentence and score use.

Finding that state judges have judicial flexibility in considering various aspects for sentences, the justices determined that Tippecanoe Superior Judge Les Meade hadn’t used the test scores as aggravating factors against Malenchik.

Pointing out that the Court of Appeals has questioned the legitimacy of sentencing consideration of evidence-based assessment results in this case and another, the justices disagreed based on “a growing body of impressive research supporting the widespread use and efficacy of evidence-based offender assessment tools.”

But in saying the scores can be used, the court clearly noted that these tests are neither “intended nor recommended to substitute for the judicial function of determining the length of sentence appropriate for each offender.”

Justice Dickson wrote, “We defer to the sound discernment and discretion of trial judges to give the tools proper consideration and appropriate weight.”

In an accompanying four-page opinion in J.S. v. State of Indiana, 79S02-1006-CR-296, the court applied that Malenchik rationale in granting transfer and affirming another Tippecanoe Superior judge’s order, keeping intact a convicted child molester’s eight-year sentence on the same grounds.
 

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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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