Section 25.27 Capital Murder

• Library: Criminal Practice 2012 Supp

F. (§25.27) Capital Murder

The statutes governing first degree murder calling for capital punishment are §§ 565.020 et seq., RSMo 2000 and Supp. 2004. The evidence to be considered in assessing punishment is set out at § 565.032, RSMo 2000. Following is a sampling of capital murder decisions since the enactment of these statutes that show what has been “permitted”:

· Personal characteristics of victims and the defendants are relevant to sentence. State v. Whitfield, 837 S.W.2d 503 (Mo. banc 1992); State v. Petary, 781 S.W.2d 534 (Mo. banc 1989).

· It is the state’s job to hold the defendant accountable, and just punishment, deterrence, and retribution are three reasons to impose the death penalty. State v. Ramsey, 864 S.W.2d 320 (Mo. banc 1993).

· Death for the defendant would be more humane than what the defendant provided the victim; the defendant believed in capital punishment in executing the victim without a trial by a judge or a jury. Antwine v. State, 791 S.W.2d 403 (Mo. banc 1990).

· The jury should imagine the terror imposed on the victim’s family and their helplessness...