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A Collection of Informative Materials for Judicial Officers

Connecting the Acronyms in Sentencing: PSI, IRAS & EBP

Materials submitted by Kimberly Maus, Assistant Chief Probation Officer, Bartholomew County Probation Department; Cynthia McCoy, Chief Probation Officer, Grant County Probation Department; Chris Monroe, Bartholomew Superior Court #1; and Mark Spitzer, Grant Circuit Court.

Session Presentation
110 pages | 658 kb

You have heard the theory behind risk assessment and evidence-based practices.  This program took theory to practice.  A faculty team composed of judges and probation officers discussed the interplay between the presentence investigation report, use of the risk assessment tool, and how the information gathered can be used to sentence offenders more effectively.  Program content also included a discussion on evidence-based practices, what works, and evaluating program content for evidence-based practices.

Sentencing

Materials submitted by attorneys from the Indiana Judicial Center.

Session Outline
40 pages | 282 kb

Part 1: The Sentencing Hearing & Sentencing Considerations
Through a series of mock sentencing hearings, this interactive two-part program looked at criminal sentencing and the criminal sentence on appeal.  Part 1 explored such topics as: sentencing hearing practices and protocols, aggravating and mitigating circumstances, double jeopardy issues, the sentence, and the statement of reasons. 

Part 2:  The Sentencing Decision & the Sentence on Appeal
Using the content from Sentencing–Part 1 as the foundation, Sentencing–Part 2 continued the discussion on the criminal sentence and the sentence on appeal.  Faculty members discussed the statement of reasons, the sentencing order, crafting the best possible sentencing statement/order, sentence length and appropriate sentences, the sentence on appeal, and appellate review. 

DOC Round-Table Discussion

Session Presentation

Materials submitted by Randy Koester, Deputy Commissioner of Re-Entry. These materials focus on purposeful incarceration, the justice reinvestment project, and other topics of interest to both judicial officers and the DOC.

Application of the Indiana Risk Assessment System

Session Presentation

Materials submitted by Brian Lovins, Project Director, University of Cincinnati. These materials provide a review of the Indiana Risk Assessment System for Adult Offenders (IRAS–Adult) and how the results can be used to help inform decisions from the bench.  The materials focus on the information available from a completed IRAS assessment, recommendations for its application, and an understanding of how it can track an adult offender’s progress while under supervision.

Criminal Law Update

Session Presentation
Session Presentation (Outline)
44 pages | 382 kb

Materials submitted by Rebecca McClure, Boone Superior Court #2. Interested in caselaw developments in criminal procedure?  These materials provide a review of criminal procedure cases from the past year in the areas of pre-trial, trial, jury, and post-conviction issues. The materials also include a follow-up on the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (U.S. 2009).

Criminal Law Update

Session Presentation
52 pages | 486 kb

Materials prepared by Judge Rebecca McClure, Boone Superior Court #2.  Presented at the 2009 Annual Meeting of the Judicial Conference of Indiana, September 16-18, 2009.

Judge McClure reviewed select criminal law decisions handed down by the Indiana Supreme Court and Indiana Court of Appeals analyzing the sufficiency of evidence for the crime charged.

Digital Search and Seizure

Session Presentation

Materials prepared by Magistrate Michael Jensen, Marion Superior Court.  Presented at the 2009 Annual Meeting of the Judicial Conference of Indiana, September 16-18, 2009.

Magistrate's Jensen's presentation explored the application of the United States Constitution and the Indiana Constitution to the seizure and search of digital devices that keep track of all sorts of information like:  PDAs, cell phones, smart phones, GPS devices, computers, black boxes in cars, computer controlled appliances; to name a few.  Special emphasis was given to Indiana cases.

Criminal Law Update

Session Presentation
67 pages | 2.37 mb

Materials prepared by Rebecca S. McClure, Boone Superior Court.

In this update session, Judge McClure reviewed select criminal law and procedure decisions handed down by the last year.  Her presentation focused on sentencing issues, recent developments in criminal procedure as well as developments relating to specific criminal offenses.

A Special Population with Special Rules: Adult Sex Offenders

Session Presentations
102 pages | 2.3 mb

Materials  submitted  by  Judge Mark Stoner, Marion Superior Court and Adam Deming  Psy.D.,  Program  Director,  Sex  Offender  Management & Monitoring Program,  Liberty Behavioral Health Corporation.  This program on adult sex offenders was  divided  into  three  areas:  a  review of the special statutory provisions governing sex offenders currently in effect along with any  new  sex offender legislation; probation conditions and supervision of sex  offenders;  and, sex offender assessment tools and available treatment programs.   Christine  Kerl,  Supervising  Probation Officer, Marion County Probation  also  participated  as  faculty.

The Impact of Technology on the Courts, Including 4th Amendment Issues

Session Presentations
102 pages | 2.6 mb

The  search  and  seizure  of  computers and the ramifications of obtaining
electronic  evidence  will  be  addressed.   Faculty  will also examine the dimensions  of  “cyber  crime,”  the  civil  and  criminal  implications of computer  forensics  evidence, whether computer searches are “special,” and when  the  Fourth Amendment applies.  Materials prepared by: Thomas Sadaka, Of-Counsel  to  Seiden Alder Matthewman & Bloch, Celebration, FL.

Effective Sentencing - The Next Step: What Do You Do with What the Research Tells You?

Session Presentation & Associated Documents
188 pages | 2.73 mb

In this follow-up to the 2007 Spring Judicial College program on “Effective Sentencing:  What  Does  the  Research  Tell  Us,”  Mark Carey recapped the growing  body of research on evidence based practices describing what works in reducing recidivism and then took the discussion on effective sentencing to  the  next  level.   What  should  a  judicial  officer do with all this research?   How  do  you implement evidence based programs?  What are other jurisdictions  doing?   Can  you  simply copy another’s program?  These and many  other issues were addressed during this day long program on effective sentencing practices.  Materials developed and presented by Mark Carey, The Carey  Group,  White  Bear  Lake,  Minnesota.

Criminal Law Update

Session Presentation
107 pages | 353 kb
This presentation focused on criminal law/criminal procedure cases from the past year on: sentencing, appellate review of sentencing decisions, defendant's rights at sentencing, consecutive sentences, constitutional issues following Blakely, sentencing alternatives, probation, P.C.R. 2 developments, trial management, and searches.  The materials were prepared by the Honorable Jane Magnus-Stinson, United States Magistrate Judge, Southern District of Indiana and Michael McMahon, Director of Research, Indiana Judicial Center.

OWI: The Sober Truth

Session Presentation "The Sober Truth"
45 pages | 417 kb
Session Presentation "Unraveling the BMV"
31 pages | 363 kb
Session Presentation "Implied Consent, Breath and Blood Tests and Other Evidentiary Issues"
26 pages | 76 kb

Materials by the Honorable Vicki Carmichael, Clark Superior Court #1; Honorable Darrin Dolehanty, Wayne Superior Court #3; and the Honorable Earl Penrod, Gibson Superior Court. This full-day seminar focused on operating while intoxicated cases. Faculty members provided information on search and seizure (traffic stops) in the OWI context; unraveling BMV administrative license suspension issues; and breath/blood test evidentiary issues. The faculty also engaged participants in an open discussion on emerging issues in OWI cases.

Search and Seizure: The Year in Review

Session Presentation
143 pages | 1.4 mb

Materials prepared by the Honorable Rebecca McClure, Boone Superior Court #2. This seminar reviewed recent developments in search and seizure law coming from the United States Supreme Court, Indiana Supreme Court and the Indiana Court of Appeals. Judge McClure's presentation focused on warrantless searches and search warrant searches.

Additional Resources

Resource Format Pages Size

Search Warrant Searches - Prerequisites for Search Warrant

  77 199 kb
Warrantless Searches   52 336 kb

Sex Offender Legislation

Session Presentation
56 pages | 1 mb

Presentation by Judge Rebecca McClure, Boone Superior Court. Materials developed by Judge McClure for the 2006 Annual Meeting of the Judicial Conference of Indiana.

Almost Everything You Wanted to Know About Sex Offenders

Session Presentation
119 pages | 1.13 mb

These materials were presented at the Spring 2006 Judicial College. Materials prepared by Dr. George Parker, M.D., Director of Forensic Psychiatry, Indiana University School of Medicine-Indianapolis.

This seminar provided an introduction to the highly-charged topic of sex offenders. Dr. Parker reviewed the demographics of adult and juvenile sex offenders, the interaction between psychiatric diagnoses and sex offenders, risk factors for re-offense and the role of treatment programs for sex offenders.

Confessions: A Simple Evidentiary Approach

Session Presentation
193 pages | 5.25 mb

Presentation by © Judge Barbara Harcourt, Rush Circuit Court. These materials are components of the Criminal Evidence distance learning (Internet) class offered by the National Judicial College. The class necessarily is geared toward judges nationwide (and the military). However, differences in Indiana law (such as the burden for admission of a confession) are highlighted.

Additional Resources

Resource Format Pages Size
Confession Flow Chart   1 61 kb
Confession Outline   22 269 kb

Double Jeopardy in Indiana

Session Presentation
193 pages | 5.25 mb

These materials were developed for the Spring 2003 Judicial College Course by Judge Jane Magnus-Stinson.

Additional Resources

Resource Format Pages Size
Double Jeopardy Caselaw Chart   6 59 kb
Included Offense List   4 147 kb

The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement, 34 IND.L.REV. 1127 (2001)

The Guilty Plea Process in Indiana: A Proposal to Strengthen the Diminishing Factual Basis Requirement
30 pages | 133 kb

Written by Earl G. Penrod. Copyright © 2001, The Trustees of Indiana University. Reproduced with permission from the Indiana Law Review.

Immigration Issues in Criminal Court

Session Presentation
26 pages | 197 kb

These materials were presented at the Spring 2006 Judicial College. PowerPoint presentation prepared by the Honorable Sergio Augilera Beteta, Consul of Mexico-Indianapolis Office and the supporting materials, Immigration Issues Arising in Indiana Criminal Court, were prepared by the Commission on Race and Gender Fairness, Division of State Court Administration, Indiana Supreme Court.

Focusing on legal issues arising when foreign nationals are detained and convicted of criminal offenses, faculty discussed Article 36 of the Vienna Convention and the role of foreign consulate offices, immigration consequences of guilty pleas, offenses that make a defendant eligible for deportation, and the general process regarding deportation once a foreign national defendant has been convicted

Additional Resources

Resource Format Pages Size
Immigration Issues Arising In Indiana Criminal Courts   12 378 kb

Non-Accidental Head Injury in Infants: Shaken Baby Syndrome, Shaken Impact Syndrome, Abusive Head Trauma

Session Presentation
44 pages | 226 kb

Presentation by © Roberta A. Hibbard, M.D., Professor of Pediatrics, Indiana University School of Medicine. Materials developed by Dr. Roberta Hibbard, Indiana University School of Medicine, Indianapolis for the 2003 Indiana Judicial Conference.