565.030. 1. Where murder in the first degree is charged but notsubmitted or where the state waives the death penalty, the submission to thetrier and all subsequent proceedings in the case shall proceed as in all othercriminal cases with a single stage trial in which guilt and punishment aresubmitted together.
2. Where murder in the first degree is submitted to the trier without awaiver of the death penalty, the trial shall proceed in two stages before thesame trier. At the first stage the trier shall decide only whether thedefendant is guilty or not guilty of any submitted offense. The issue ofpunishment shall not be submitted to the trier at the first stage. If anoffense is charged other than murder in the first degree in a count togetherwith a count of murder in the first degree, the trial judge shall assesspunishment on any such offense according to law, after the defendant is foundguilty of such offense and after he finds the defendant to be a prior offenderpursuant to chapter 558, RSMo.
3. If murder in the first degree is submitted and the death penalty wasnot waived but the trier finds the defendant guilty of a lesser homicide, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. No further evidence shall bereceived. If the trier is a jury it shall be instructed on the law. Theattorneys 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 othercriminal cases.
4. If the trier at the first stage of a trial where the death penaltywas not waived finds the defendant guilty of murder in the first degree, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. Evidence in aggravation andmitigation of punishment, including but not limited to evidence supporting anyof the aggravating or mitigating circumstances listed in subsection 2 or 3 ofsection 565.032, may be presented subject to the rules of evidence at criminaltrials. Such evidence may include, within the discretion of the court,evidence concerning the murder victim and the impact of the crime upon thefamily of the victim and others. Rebuttal and surrebuttal evidence may bepresented. The state shall be the first to proceed. If the trier is a juryit shall be instructed on the law. The attorneys may then argue the issue ofpunishment to the jury, and the state shall have the right to open and closethe argument. The trier shall assess and declare the punishment at lifeimprisonment without eligibility for probation, parole, or release except byact of the governor:
(1) If the trier finds by a preponderance of the evidence that thedefendant is mentally retarded; or
(2) If the trier does not find beyond a reasonable doubt at least one ofthe statutory aggravating circumstances set out in subsection 2 of section565.032; or
(3) If the trier concludes that there is evidence in mitigation ofpunishment, including but not limited to evidence supporting the statutorymitigating circumstances listed in subsection 3 of section 565.032, which issufficient to outweigh the evidence in aggravation of punishment found by thetrier; or
(4) If the trier decides under all of the circumstances not to assessand declare the punishment at death. If the trier is a jury it shall be soinstructed.
If the trier assesses and declares the punishment at death it shall, in itsfindings or verdict, set out in writing the aggravating circumstance orcircumstances listed in subsection 2 of section 565.032 which it found beyonda reasonable doubt. If the trier is a jury it shall be instructed before thecase is submitted that if it is unable to decide or agree upon the punishmentthe court shall assess and declare the punishment at life imprisonment withouteligibility for probation, parole, or release except by act of the governor ordeath. The court shall follow the same procedure as set out in this sectionwhenever it is required to determine punishment for murder in the firstdegree.
5. Upon written agreement of the parties and with leave of the court,the issue of the defendant's mental retardation may be taken up by the courtand decided prior to trial without prejudicing the defendant's right to havethe issue submitted to the trier of fact as provided in subsection 4 of thissection.
6. As used in this section, the terms "mental retardation" or "mentallyretarded" refer to a condition involving substantial limitations in generalfunctioning characterized by significantly subaverage intellectual functioningwith continual extensive related deficits and limitations in two or moreadaptive behaviors such as communication, self-care, home living, socialskills, community use, self-direction, health and safety, functionalacademics, leisure and work, which conditions are manifested and documentedbefore eighteen years of age.
7. The provisions of this section shall only govern offenses committedon or after August 28, 2001.
(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).
565.030. 1. Where murder in the first degree is charged but notsubmitted or where the state waives the death penalty, the submission to thetrier and all subsequent proceedings in the case shall proceed as in all othercriminal cases with a single stage trial in which guilt and punishment aresubmitted together.
2. Where murder in the first degree is submitted to the trier without awaiver of the death penalty, the trial shall proceed in two stages before thesame trier. At the first stage the trier shall decide only whether thedefendant is guilty or not guilty of any submitted offense. The issue ofpunishment shall not be submitted to the trier at the first stage. If anoffense is charged other than murder in the first degree in a count togetherwith a count of murder in the first degree, the trial judge shall assesspunishment on any such offense according to law, after the defendant is foundguilty of such offense and after he finds the defendant to be a prior offenderpursuant to chapter 558, RSMo.
3. If murder in the first degree is submitted and the death penalty wasnot waived but the trier finds the defendant guilty of a lesser homicide, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. No further evidence shall bereceived. If the trier is a jury it shall be instructed on the law. Theattorneys 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 othercriminal cases.
4. If the trier at the first stage of a trial where the death penaltywas not waived finds the defendant guilty of murder in the first degree, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. Evidence in aggravation andmitigation of punishment, including but not limited to evidence supporting anyof the aggravating or mitigating circumstances listed in subsection 2 or 3 ofsection 565.032, may be presented subject to the rules of evidence at criminaltrials. Such evidence may include, within the discretion of the court,evidence concerning the murder victim and the impact of the crime upon thefamily of the victim and others. Rebuttal and surrebuttal evidence may bepresented. The state shall be the first to proceed. If the trier is a juryit shall be instructed on the law. The attorneys may then argue the issue ofpunishment to the jury, and the state shall have the right to open and closethe argument. The trier shall assess and declare the punishment at lifeimprisonment without eligibility for probation, parole, or release except byact of the governor:
(1) If the trier finds by a preponderance of the evidence that thedefendant is mentally retarded; or
(2) If the trier does not find beyond a reasonable doubt at least one ofthe statutory aggravating circumstances set out in subsection 2 of section565.032; or
(3) If the trier concludes that there is evidence in mitigation ofpunishment, including but not limited to evidence supporting the statutorymitigating circumstances listed in subsection 3 of section 565.032, which issufficient to outweigh the evidence in aggravation of punishment found by thetrier; or
(4) If the trier decides under all of the circumstances not to assessand declare the punishment at death. If the trier is a jury it shall be soinstructed.
If the trier assesses and declares the punishment at death it shall, in itsfindings or verdict, set out in writing the aggravating circumstance orcircumstances listed in subsection 2 of section 565.032 which it found beyonda reasonable doubt. If the trier is a jury it shall be instructed before thecase is submitted that if it is unable to decide or agree upon the punishmentthe court shall assess and declare the punishment at life imprisonment withouteligibility for probation, parole, or release except by act of the governor ordeath. The court shall follow the same procedure as set out in this sectionwhenever it is required to determine punishment for murder in the firstdegree.
5. Upon written agreement of the parties and with leave of the court,the issue of the defendant's mental retardation may be taken up by the courtand decided prior to trial without prejudicing the defendant's right to havethe issue submitted to the trier of fact as provided in subsection 4 of thissection.
6. As used in this section, the terms "mental retardation" or "mentallyretarded" refer to a condition involving substantial limitations in generalfunctioning characterized by significantly subaverage intellectual functioningwith continual extensive related deficits and limitations in two or moreadaptive behaviors such as communication, self-care, home living, socialskills, community use, self-direction, health and safety, functionalacademics, leisure and work, which conditions are manifested and documentedbefore eighteen years of age.
7. The provisions of this section shall only govern offenses committedon or after August 28, 2001.
(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).
565.030. 1. Where murder in the first degree is charged but notsubmitted or where the state waives the death penalty, the submission to thetrier and all subsequent proceedings in the case shall proceed as in all othercriminal cases with a single stage trial in which guilt and punishment aresubmitted together.
2. Where murder in the first degree is submitted to the trier without awaiver of the death penalty, the trial shall proceed in two stages before thesame trier. At the first stage the trier shall decide only whether thedefendant is guilty or not guilty of any submitted offense. The issue ofpunishment shall not be submitted to the trier at the first stage. If anoffense is charged other than murder in the first degree in a count togetherwith a count of murder in the first degree, the trial judge shall assesspunishment on any such offense according to law, after the defendant is foundguilty of such offense and after he finds the defendant to be a prior offenderpursuant to chapter 558, RSMo.
3. If murder in the first degree is submitted and the death penalty wasnot waived but the trier finds the defendant guilty of a lesser homicide, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. No further evidence shall bereceived. If the trier is a jury it shall be instructed on the law. Theattorneys 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 othercriminal cases.
4. If the trier at the first stage of a trial where the death penaltywas not waived finds the defendant guilty of murder in the first degree, asecond stage of the trial shall proceed at which the only issue shall be thepunishment to be assessed and declared. Evidence in aggravation andmitigation of punishment, including but not limited to evidence supporting anyof the aggravating or mitigating circumstances listed in subsection 2 or 3 ofsection 565.032, may be presented subject to the rules of evidence at criminaltrials. Such evidence may include, within the discretion of the court,evidence concerning the murder victim and the impact of the crime upon thefamily of the victim and others. Rebuttal and surrebuttal evidence may bepresented. The state shall be the first to proceed. If the trier is a juryit shall be instructed on the law. The attorneys may then argue the issue ofpunishment to the jury, and the state shall have the right to open and closethe argument. The trier shall assess and declare the punishment at lifeimprisonment without eligibility for probation, parole, or release except byact of the governor:
(1) If the trier finds by a preponderance of the evidence that thedefendant is mentally retarded; or
(2) If the trier does not find beyond a reasonable doubt at least one ofthe statutory aggravating circumstances set out in subsection 2 of section565.032; or
(3) If the trier concludes that there is evidence in mitigation ofpunishment, including but not limited to evidence supporting the statutorymitigating circumstances listed in subsection 3 of section 565.032, which issufficient to outweigh the evidence in aggravation of punishment found by thetrier; or
(4) If the trier decides under all of the circumstances not to assessand declare the punishment at death. If the trier is a jury it shall be soinstructed.
If the trier assesses and declares the punishment at death it shall, in itsfindings or verdict, set out in writing the aggravating circumstance orcircumstances listed in subsection 2 of section 565.032 which it found beyonda reasonable doubt. If the trier is a jury it shall be instructed before thecase is submitted that if it is unable to decide or agree upon the punishmentthe court shall assess and declare the punishment at life imprisonment withouteligibility for probation, parole, or release except by act of the governor ordeath. The court shall follow the same procedure as set out in this sectionwhenever it is required to determine punishment for murder in the firstdegree.
5. Upon written agreement of the parties and with leave of the court,the issue of the defendant's mental retardation may be taken up by the courtand decided prior to trial without prejudicing the defendant's right to havethe issue submitted to the trier of fact as provided in subsection 4 of thissection.
6. As used in this section, the terms "mental retardation" or "mentallyretarded" refer to a condition involving substantial limitations in generalfunctioning characterized by significantly subaverage intellectual functioningwith continual extensive related deficits and limitations in two or moreadaptive behaviors such as communication, self-care, home living, socialskills, community use, self-direction, health and safety, functionalacademics, leisure and work, which conditions are manifested and documentedbefore eighteen years of age.
7. The provisions of this section shall only govern offenses committedon or after August 28, 2001.
(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).
