Death Penalty Information

In Indiana, the death penalty is never automatic — prosecutors have discretion to decide whether to seek it. It is available only for murder cases where at least one of 18 specific aggravating circumstances can be proven.

If a defendant is convicted of murder, the trial moves to a separate penalty phase where the jury must unanimously agree that the aggravating circumstances outweigh any mitigating factors. If the jury cannot reach a unanimous sentencing decision, the judge determines the sentence.

Every death sentence is automatically reviewed by the Indiana Supreme Court on direct appeal, and the defendant may also pursue additional state and federal reviews.

If carried out, executions are performed by lethal injection, though ongoing issues with drug sourcing and secrecy remain.