Trial procedure, first degree murder
When someone is charged with first-degree murder, the trial can have two parts. The first part decides if the person is guilty or not. If found guilty of first-degree murder, a second part decides the punishment — either death or life in prison with no chance of parole. The punishment is life in prison (not death) if the jury finds the person has an intellectual disability, if there are not enough aggravating circumstances, or if the mitigating factors outweigh the bad ones.
565.030. Trial procedure, first degree murder. — 1. Where is charged but not submitted or where the state waives the , the to the and all subsequent proceedings in the case shall proceed as in all other criminal cases.
2. Where murder in the first degree is submitted to the trier without a of the death penalty, the trial shall proceed in two stages before the same trier. At the first stage the trier shall decide only whether the is guilty or not guilty of any submitted . The of punishment shall not be submitted to the trier at the first stage. If an offense is charged other than murder in the first degree in a count together with a count of murder in the first degree, the trial judge shall punishment on any such offense according to law, after the defendant is of such offense and after he finds the defendant to be a chapter 558.
3. If murder in the first degree is submitted and the death penalty was not but the trier finds the defendant guilty of a lesser , a shall proceed as in all other criminal cases. The attorneys may then argue as in other criminal cases the issue of punishment, after which the trier shall assess and declare the punishment as in all other criminal cases.
4. If the trier at the first stage of a trial where the death penalty was not waived finds the defendant guilty of murder in the first degree, a second stage of the trial shall proceed at which the only issue shall be the punishment to be assessed and declared. Evidence in aggravation and mitigation of punishment, including but not limited to evidence supporting any of the aggravating or listed in 2 or 3 of section 565.032, may be presented subject to the at criminal trials. Such evidence may include, within the of the court, evidence concerning the murder victim and the impact of the offense upon the family of the victim and others. Rebuttal and evidence may be presented. The state shall be the first to proceed. If the trier is a jury it shall be instructed on the law. The attorneys may then argue the issue of punishment to the jury, and the state shall have the right to open and close the argument. The trier shall assess and declare the punishment at life imprisonment without eligibility for , , or except by act of the governor:
(1) If the trier finds by a that the defendant is intellectually ; or
(2) If the trier does not find at least one of the statutory set out in subsection 2 of section 565.032; or
(3) If the trier concludes that there is evidence in mitigation of punishment, including but not limited to evidence supporting the statutory mitigating circumstances listed in subsection 3 of section 565.032, which is sufficient to outweigh the evidence in aggravation of punishment found by the trier; or
(4) If the trier decides under all of the circumstances not to assess and declare the punishment at death. If the trier is a jury it shall be so instructed.
5. Upon written agreement of the parties and with leave of the court, the issue of the defendant's may be taken up by the court and decided prior to trial without prejudicing the defendant's right to have the issue submitted to the as provided in subsection 4 of this section.
6. As used in this section, the terms "intellectual disability" or "intellectually disabled" refer to a condition involving substantial limitations in general functioning characterized by significantly subaverage intellectual functioning with continual extensive related deficits and limitations in two or more adaptive behaviors such as communication, self-care, home living, social skills, community use, self-direction, health and safety, functional academics, leisure and work, which conditions are manifested and documented before eighteen years of age.
7. The of this section shall only govern offenses committed on or after August 28, 2001.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 1993 H.B. 562, A.L. 2001 S.B. 267, A.L. 2014 H.B. 1064, A.L. 2016 H.B. 2332 merged with S.B. 590) (2003) Allowing trial judge independently to go through four-step process required by subsection 4 of section once jury deadlocked on defendant's punishment violates Ring v. Arizona requirement that the jury rather than the judge determine the facts on which the death penalty is issued. State v. Whitfield, 107 S.W.3d 253 (Mo.banc).
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