565.030. Trial procedure, first degree murder.
First degree murder trials follow special steps, especially when the death penalty is involved
Trials for first-degree murder in Missouri follow different steps depending on whether prosecutors are seeking the death penalty. The trial can be split into two parts, with separate decisions on guilt and punishment.
1. If someone is charged with first-degree murder, but the prosecutor either doesn’t follow through with that charge during the trial, or decides not to seek the death penalty, then the rest of the trial will be handled like any other regular criminal case.
2. If the state is seeking the death penalty, the trial has two parts:
- In the first part, the judge or jury decides if the person is guilty or not.
- Punishment is not discussed until the second part.
- If other charges are included (not first-degree murder), and the person is a repeat offender, the judge—not the jury—decides punishment for those other charges.
3. If the jury finds the person guilty of a lesser crime instead of first-degree murder, the case continues like a normal trial. Lawyers can argue about punishment, and the jury decides the sentence.
4. If the person is found guilty of first-degree murder and the death penalty is still on the table, a second part of the trial happens to decide punishment. This part includes:
- Evidence about why the sentence should be harsher (aggravating) or lighter (mitigating).
- Information about how the murder affected the victim’s family.
- Each side can respond to the other’s evidence.
- The jury is given instructions and both sides make their arguments.
The jury must sentence the person to life in prison (without parole, probation, or early release) instead of death if any of the following are true:
- (1) The person is found to have an intellectual disability;
- (2) The jury doesn’t find at least one specific reason for the death penalty beyond a reasonable doubt;
- (3) The reasons to go easier on the person outweigh the reasons to give a death sentence;
- (4) The jury just decides not to give the death penalty.
If the jury does choose the death penalty, it must write down exactly which reasons (called “aggravating circumstances”) it found beyond a reasonable doubt. If the jury can’t agree on punishment, the judge will sentence the person to either life without parole or death.
5. The defense and prosecution can agree ahead of time to let the judge decide if the defendant has an intellectual disability before trial, without giving up the right to have a jury consider it later too.
6. “Intellectual disability” means someone has major challenges with reasoning, learning, and daily life skills that started before age 18. It must affect things like communication, self-care, social skills, or work.
7. These trial rules apply only to crimes committed on or after August 28, 2001.
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