Transcript Ind. Constitution Art. I Sec. 13

Section 13. (a) In all criminal prosecutions, the accused shall
have the right to a public trial, by an impartial jury, in the
county in which the offense shall have been committed; to
be heard by himself and counsel; to demand the nature
and cause of the accusation against him, and to have a
copy thereof; to meet the witnesses face to face, and to
have compulsory process for obtaining witnesses in his
favor.
(b) Victims of crime, as defined by law, shall have the
right to be treated with fairness, dignity, and respect
throughout the criminal justice process; and, as defined by
law, to be informed of and present during public hearings
and to confer with the prosecution, to the extent that
exercising these rights does not infringe upon the
constitutional rights of the accused.
(History: As Amended November 5, 1996).
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Section 14. No person shall be put in jeopardy twice for the same
offense. No person, in any criminal prosecution, shall be
compelled to testify against himself.
Section 15. No person arrested, or confined in jail, shall be
treated with unnecessary rigor.
Section 16. Excessive bail shall not be required. Excessive
fines shall not be imposed. Cruel and unusual punishments shall
not be inflicted. All penalties shall be proportioned to the nature
of the offense.
Section 17. Offenses, other than murder or treason, shall be
bailable by sufficient sureties. Murder or treason shall not be
bailable, when the proof is evident, or the presumption strong.
Section 18. The penal code shall be founded on the principles
of reformation, and not of vindictive justice.
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Conditional freedom granted by a judicial
officer to a convicted offender.
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The conditional release from prison of a
convicted offender before the expiration of
his sentence under the supervision of a
parole officer.
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Lower cost.
Increased employment.
Restitution.
Community support.
Reduced risk of criminal socialization.
Increased use of community services.
Increased opportunity of rehabilitation.
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Relative lack of punishment.
Increased risk to community.
Increased social costs.
Discriminatory and unequal effects.
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During 2007, a total of 1,180,469 persons on parole were at-risk of
reincarceration. This includes persons under parole supervision on January 1 or
those entering parole during the year. Of these parolees, about 16% were returned
to incarceration in 2007.
Among nearly 300,000 prisoners released in 15 states in 1994, 67.5% were
rearrested within 3 years. A study of prisoners released in 1983 estimated 62.5%.
Of the 272,111 persons released from prisons in 15 states in 1994, an estimated
67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9%
were reconvicted, and 25.4% resentenced to prison for a new crime.
These offenders had accumulated 4.1 million arrest charges before their most
recent imprisonment and another 744,000 charges within 3 years of release.
Released prisoners with the highest re-arrest rates were robbers (70.2%), burglars
(74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for
possessing or selling stolen property (77.4%), and those in prison for possessing,
using, or selling illegal weapons (70.2%).
Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2%
of those who had served time for homicide were arrested for homicide.
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Split sanctions = alternative measures. Home
detention, community service, shock
probation.
Split sentencing = imprisonment and
alternative measures.
Mixed sentencing = weekend jail.
Intensive supervision.
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Flogging
Mutilation
Branding
Public humiliation
Workhouses
Exile
Restorative justice (also sometimes called reparative justice)
is an approach to justice that focuses on the needs of the
victims and the offenders, as well as the involved
community, instead of satisfying abstract legal principles
or punishing the offender. Victims take an active role in
the process, while offenders are encouraged to take
responsibility for their actions, "to repair the harm they've
done—by apologizing, returning stolen money, or
community service“. Restorative justice involves both
victim and offender and focuses on their personal needs.
In addition, it provides help for the offender in order to
avoid future offences. It is based on a theory of justice that
considers crime and wrongdoing to be an offence against
an individual or community, rather than the state.
Restorative justice that fosters dialogue between victim
and offender shows the highest rates of victim satisfaction
and offender accountability.
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Enclosed facility separated from society
socially and physically.
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Subculture
Prisonization
Prison argot; language
 The
mean
dude
 The hedonist
 The
opportunist
 The retreatist
 The legalist
 The
radical
 The colonizer
 The religious
 The gangbanger
 The realist.
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An estimated 9.6% of former state prisoners reported one or
more incidents of sexual victimization during the most recent
period of incarceration in a jail, prison, and post release
community-treatment facility.
Among all former state prisoners, 1.8% reported experiencing
one or more incidents while in a local jail, 7.5% while in a state
prison, and 0.1% while in a post release community-treatment
facility.
About 5.4% of former state prisoners reported an incident that
involved another inmate. An estimated 3.7% of former prisoners
said they were forced or pressured to have nonconsensual sex
with another inmate, including manual stimulation and oral, anal,
or vaginal penetration.
About 5.3% of former state prisoners reported an incident that
involved facility staff. An estimated 1.2% of former prisoners
reported that they unwillingly had sex or sexual contact with
facility staff, and 4.6% reported that they "willingly" had sex or
sexual contact with staff.
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During 2010, the number of persons under
supervision of adult correctional authorities
declined by 1.3% (91,700 offenders), reaching 7.1
million at yearend.
About 7 in 10 persons under the supervision of
adult correctional systems were supervised in the
community (4,887,900) on probation or parole at
yearend 2010, while about 3 in 10 were
incarcerated (2,266,800) in local jails or in the
custody of state or federal prisons.
About three-quarters of the decline in the total
correctional population (down 91,700) during
2010 was attributed to the decline in the number
of probationers (down 69,500) during the year.
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Overall population
declined for first time
since 1972. 1,612.395.
Fed up by .8%. State
down by .5%.
Prison releases
exceeded intakes.
500 inmates per
100,000 citizens.
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53% serve for violent
crime.
19% for property crime.
18% for drug crime.
9% for public disorder.
2,295 held in state
prisons under the age
of 18.
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Estimated mean expected time to be
served, in years, 2008–2010
Year
2008 2.0; 2009 2.0; 2010 2.1
Note: Mean expected time to be served is
the estimated mean (average) time to be
served from entry to release by prisoners
admitted during the reference year.
Source: BJS, National Prisoner Statistics
Program
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At yearend 2010, 36 states and the Federal
Bureau of Prisons held 3,158 inmates under
sentence of death, 15 fewer inmates than at year
end 2009.
Between January 1 and December 19, 2011, 13
states executed 43 inmates, which was 3 fewer
than the number executed as of the same date in
2010.
During 2010, 119 inmates were removed from
under sentence: 46 were executed, 20 died by
means other than execution, and 53 were
removed as a result of sentences or convictions
overturned or commutations of sentences.