Death Penalty Information

In Indiana, prosecutors have the discretion to decide whether to seek the death penalty. However, it is only available in murder cases where at least one specific aggravating circumstance can be proven.

If the prosecutor asks for the ultimate punishment and a defendant is convicted of murder, the trial moves to a separate penalty phase where the jury must unanimously agree that the aggravating factors outweigh any mitigating ones. If the jury cannot reach a unanimous decision, the judge determines the sentence.

Every death sentence is automatically reviewed by the Indiana Supreme Court, and the defendant can seek additional review in state and federal courts.  If carried out, executions are done by lethal injection, although ongoing issues with drug sourcing and secrecy remain.