Indiana Prosecuting Attorneys Council Drug Resource Prosecutor INFRACTIONS New lawyers Newly elected Prosecutor or newly appointed Chief Deputy INFRACTIONS Experienced criminal prosecutor with no civil trial experience ID: 689616
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INFRACTIONS
Daniel R. MillerIndiana Prosecuting Attorneys CouncilDrug Resource ProsecutorSlide2
INFRACTIONS
New lawyersSlide3
Newly elected Prosecutor or newly appointed Chief DeputySlide4
INFRACTIONS
Experienced criminal prosecutor with no civil trial experienceSlide5
INFRACTIONS
Litigators with experience in trying infraction cases.Slide6
Types of infraction cases
Moving violationsI.C. 9-21-5 and 9-21-8Slide7
Types of infraction cases
Driver’s license violations.I.C. 9-24-19-1, 9-24-18-3, 9-24-18-4, 9-24-13-3Slide8
Types of infraction cases
Possession of ParaphernaliaI.C. 35-48-4-8.3 and 8.5Slide9
Types of infraction cases
Fish and Wildlifee.g. I.C. 14-22-6, I.C. 14-22-38-1 (penalty provision)Slide10
Not criminal offenses
Infraction cases are CIVIL in nature.Slide11
Not criminal offensesSlide12
Not criminal offenses
No advisement of procedural rightsSlide13
Not criminal offenses
No municipal ordinance violations.I.C. 34-28-5-1(c)Slide14
The infraction proceeding
Complaint and summonsSlide15
PleadingsSlide16
Fines are called “judgments.”Slide17
Civil trial
Waiver of Counsel not required.Slide18
Civil trial
Criminal advisement by Court not requiredSlide19
Civil trialSlide20
Rules of Evidence still applySlide21
Double JeopardyState v. Hurst, 688 N.E.2d 402 (Ind. 1977)Slide22
Trial by Jury. Ind. R. Trial P. 38Slide23
Conduct of Jury Trial
Batson v. Ohio challenge in jury selectionSchumm v. State
, 866 N.E.2d 781 (Ind. App. 2007)Slide24
Trial by Jury - Penalty
“If you find from a preponderance of the evidence that the defendant did commit the infraction as charged and is liable, it is your further duty to assess the damages in an amount not less than zero dollars and not more than $ …” Slide25
Conduct of Jury TrialSlide26
http://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=59Slide27
Contact Information:Daniel R. Miller812-234-8445Email: danimiller@ipac.IN.gov