In a homicide case, the person charged can give up their right to a jury trial and let the judge decide everything instead — but only if the judge agrees. If they do this, the judge decides both guilt and punishment. Once someone gives up a jury trial or pleads guilty, they cannot later ask for a jury just to decide their punishment, unless the other side (the state) agrees. In a first-degree murder case where the death penalty is still on the table, the person cannot give up a jury for the punishment phase unless both the state and the judge agree. Any such agreement must be written in the court record.
565.006. of jury trial permitted, when. — 1. At any time before the of the trial of a , the may, with the of the court, a trial by jury and agree to submit all s in the case to the court, whose finding shall have the force and effect of a of a jury. Such a waiver must include a waiver of a trial by jury of all issues and s charged in the case, including the punishment to be assessed and imposed if the defendant is .
2. No defendant who to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.
3. If a defendant is found guilty of after a jury trial in which the state has not the , the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.
4. Any waiver of a jury trial and agreement permitted by this section shall be entered in the court .
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A) Effective 10-01-84 (2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial. Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).
Related Missouri laws
Prior to trial for first degree murder, opposing counsels to furnish requested information, rules applied
RSMo 565.005
Joinder of offenses, exception
RSMo 565.004
Culpable mental state may exist though different person killed
RSMo 565.003
Definitions
RSMo 565.002
Consent as a defense
RSMo 565.010
Procedure for chapter 565
RSMo 565.001
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.