Section 25.11 Convictions as Deterrents

LibraryCriminal Practice 2012 Supp

5. (§25.11) Convictions as Deterrents

The prosecutor can call the jury’s attention to the prevalence of crime in the community, the necessity of convicting the guilty to deter crime, and the evil that would flow to society from a failure of the jury to do its duty. See:

· State v. Newlon, 627 S.W.2d 606 (Mo. banc 1982)

· State v. Nasello, 30 S.W.2d 132 (Mo. 1930)

· State v. Hendrix, 310 S.W.2d 852 (Mo. 1958)

· State v. Olds, 603 S.W.2d 501 (Mo. banc 1980)

· State v. Pendleton, 860 S.W.2d 807 (Mo. App. E.D. 1993)

· State v. Plummer, 860 S.W.2d 340 (Mo. App. E.D. 1993)

· State v. Jeffries, 858 S.W.2d 821 (Mo. App. E.D. 1993)

This type of comment is permissible even though there was no evidence introduced about crime in the area. Such are matters of common knowledge. State v. Preston, 861 S.W.2d 627 (Mo. App. E.D. 1993); State v. McDonald, 661 S.W.2d 497 (Mo. banc 1983).

This kind of appeal is best left to the final half of the closing argument, and it usually can be employed in response to a defense...

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