Document Type

Article

Publication Date

1978

Publication Information

12 Val. U. L. Rev. 219 (1977-1978)

Abstract

Two significant developments, legislative and judicial, have taken place in Indiana criminal law in recent months which may offer an effective response to the problem of unguided discretionary sentencing. The Indiana Penal Code has been revised to require that the trial court, before sentencing a convicted felon, conduct a separate hearing for the purpose of determining the appropriate sentence and to make a record of the hearing which must include a statement of the court's reasons for selecting the sentence imposed. The General Assembly has also provided specific directives which the trial court must consider in determining a proper sentence to impose for any crime. The legislature also provided a list of criteria which the court may consider in assessing the aggravating or mitigating circumstances which may warrant an increase or reduction of a sentence, or favor a suspended sentence or probation. In addition to these legislative innovations, the Indiana Supreme Court has promulgated rules to govern the appellate review of sentences authorized by the Indiana Constitution. The announcement of these rules apparently signals the court's preparedness to exercise its constitutional prerogative to review criminal sentences, an invitation which it has previously declined to accept.

This article will examine these recent developments in Indiana criminal law against the background of the experiences of other jurisdictions which authorize appellate review of sentences and have adopted the requirement for a statement of reasons when sentencing. A proposal is made for the adoption of a standard for appellate review which may serve to curb sentencing abuses. Guidelines are also suggested to aid bench and bar in the effective implementation of these sentencing practices in our judicial system.

Comments

Reprinted with permission of Valparaiso University Law Review.

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