Indiana Capital Punishment Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed December 05, 2024

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Capital punishment, also known as the death penalty, is a legal sentence under Indiana laws. Since it got reinstated in 1978, the state executed 25 people under Indiana's capital punishment statutes.

The death penalty remains a controversial topic, reflected in each state's capital punishment laws. While most states continue to use the death penalty, a growing number of them have enacted moratoriums or legislative bans.

Here is a brief introduction to capital punishment laws in the state of Indiana.

Historic Background

Indiana's first execution happened in 1816 by hanging. The state started using electrocution in the early 20th century. The state replaced it with lethal injection in 1995. The Indiana Supreme Court has reviewed many of the state's death penalty cases. As of the early 21st century, Indiana's death row has housed several inmates, including high-profile cases such as that of Matthew Eric Wrinkles.

While capital punishment remains a hot-button issue in American politics, there has been a steady decline in the use of execution coinciding with a drop in public support of the death penalty. Just 22 people in the U.S. were put to death in 2024, mostly in Alabama, Oklahoma, Texas, Georgia, and Missouri. Meanwhile, Connecticut, New Mexico, Oregon, and Pennsylvania have only executed volunteers (death row inmates who waive their appeals) since capital punishment was reinstated in 1976. The latest polls show 53% of Americans favor the death penalty.

Indiana Capital Punishment Laws: Chart

Code section

Indiana Code Title 35-50-2-3; 35-50-2-9; 35-38-6-1, et seq.
Is capital punishment allowed?

Yes
Effect of defendant's incapacity

There is a hearing to determine whether the defendant has the ability to understand proceedings. A court may not impose a death sentence if it determines the defendant has an intellectual disability.
Minimum age

18
Available for crimes other than homicide?

No
Definition of capital homicide
  • Intentional murder while committing/attempting to commit arson, burglary, child molesting, criminal deviate conduct, kidnapping, rape, robbery, carjacking, criminal gang activity dealing in cocaine or narcotic drug
  • Unlawful detonation of explosive with intent to injure
  • Lying in wait
  • Hiring or hired to kill
  • The victim was a law enforcement officer, etc.
  • Another conviction of murder
  • Under sentence of life imprisonment and time
  • Victim dismembered
  • Victim younger than 12
  • Victim was witness against defendant
  • Has committed another murder at any time regardless of whether convicted
  • Committed murder by firing into an inhabited dwelling or from a vehicle
  • Victim of murder was pregnant, and murder resulted in the intentional killing of a viable fetus
  • Victim was burned, mutilated or tortured while victim was still alive
Method of execution

Lethal injection

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Indiana's Death Row

Indiana's death row is at the Indiana State Prison in Michigan City, not far from Indianapolis. Managed by the Indiana Department of Correction, the facility holds death row inmates sentenced under Indiana's death penalty laws. The process surrounding clemency requests for these inmates often involves the Indiana Public Defender Council. They offer legal representation and advocate for the interests of those on death row. 

After a 15-year hiatus, Indiana's top officials have petitioned the Indiana Supreme Court to schedule an execution date for Joseph Corcoran. Corcoran was convicted of murdering four people in 1997. This year, Indiana Gov. Eric Holcomb and Attorney General Todd Rokita announced that the Indiana Department of Corrections had gotten pentobarbital. This is the lethal injection drug needed for the execution. This would mark Indiana's first execution since 2009.

Have Questions About Indiana Capital Punishment Laws? Ask an Attorney

Capital punishment is the more severe sentence for the most serious crimes. If someone accused you or someone you love with a capital offense, you can't afford to be without solid legal representation. Contact an experienced criminal defense attorney in Indiana today to discuss your case and start planning your defense.

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