Age for Executions Raised to 18
Bill signed by governor also prohibits judges from going against the jury's recommendation in sentencing.
By Michael J. Rochon
Originally published in The Indianapolis Star, March 27, 2002
The minimum age for executions in Indiana has been raised to 18 under legislation signed Tuesday by Gov. Frank O'Bannon.
The law also bars judges from issuing sentences other than what a jury recommends—protecting the state from the future impact of a highly anticipated Supreme Court decision. That decision, however, still could affect everyone on Indiana's Death Row.
"I believe this is an appropriate change in Indiana's law on sentencing for convicted murderers, while preserving appropriate sentencing options for judges and juries," the governor said of Senate Enrolled Act 426.
Previously, a person as young as 16 could be put to death.
"This is progress for human rights for the people of Indiana and America as a whole," said Nancy Bothne, Midwest regional director for Amnesty International. But Rep. Brent Steele, R-Bedford, wasn't pleased.
"At 16, you know the difference of right from wrong," Steele said. "God forbid if we have some type of Columbine incident here in Indiana," he added, referring to the 1999 school shooting rampage; the gunmen there were 18 and 17.
Indiana was one of just 18 states that allowed the execution of a person who was as young as 16 at the time of the crime. Indiana Civil Liberties Union Executive Director John Krull called the new law Indiana's "first significant death penalty reform in a generation."
The Supreme Court is expected to decide soon whether death sentences are unconstitutional if they are imposed by judges over a jury's recommendation. Such a ruling could force the state to resentence all 40 inmates now on Death Row.
Indiana was one of only four states giving judges that latitude, said Indiana Public Offender Council chief Larry Landis.
Senate Enrolled Act 426 makes several changes in Indiana's capital punishment system, including:
A person committing a murder must be at least 18 years old at the time of the crime to be executed.
At least one aggravating circumstance must be found by a jury before it can recommend a death sentence.
A jury must provide a special verdict form for each alleged aggravating circumstance.
Judges are prohibited from issuing a sentence different from a jury's recommendation.
