Ind constitution art i sec 13
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Ind. Constitution Art. I Sec. 13.

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Ind. Constitution Art. I Sec. 13

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Ind constitution art i sec 13

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).


Ind const article i

Ind. Const. Article I

  • 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.


Probation

Probation

  • Conditional freedom granted by a judicial officer to a convicted offender.


Parole

Parole

  • The conditional release from prison of a convicted offender before the expiration of his sentence under the supervision of a parole officer.


Advantages of parole and probation

Advantages of Parole and Probation

  • Lower cost.

  • Increased employment.

  • Restitution.

  • Community support.

  • Reduced risk of criminal socialization.

  • Increased use of community services.

  • Increased opportunity of rehabilitation.


Disadvantages of probation and parole

Disadvantages of Probation and Parole

  • Relative lack of punishment.

  • Increased risk to community.

  • Increased social costs.

  • Discriminatory and unequal effects.


Recidivism

Recidivism

  • 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.


Intermediate sanctions

Intermediate Sanctions

  • Split sanctions = alternative measures. Home detention, community service, shock probation.

  • Split sentencing = imprisonment and alternative measures.

  • Mixed sentencing = weekend jail.

  • Intensive supervision.


Early punishments

Early Punishments

  • Flogging

  • Mutilation

  • Branding

  • Public humiliation

  • Workhouses

  • Exile


Prisons

Prisons


Restorative justice

Restorative Justice

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.


Prison eras

Prison Eras


Total institution

Total Institution

  • Enclosed facility separated from society socially and physically.


Inmate s world

Inmate’s world

  • Subculture

  • Prisonization

  • Prison argot; language


Prison lifestyles

Prison Lifestyles

  • The radical

  • The colonizer

  • The religious

  • The gang-banger

  • The realist.

  • The mean dude

  • The hedonist

  • The opportunist

  • The retreatist

  • The legalist


Prisoner sexual victimization 2008

Prisoner Sexual Victimization 2008

  • 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.


Prisoner population 2010

Prisoner Population 2010

  • 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.


Prisoners in 2010

Prisoners in 2010

  • 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.

  • 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.


Average incarceration period

Average incarceration period.

  • 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


Executions

Executions

  • 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.


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