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...
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- Section 25.1 When Given
- Section 25.2 Scope—Use of Instructions, Exhibits, and Diagrams
- Section 25.3 A Review of Cases
- Section 25.4 Epithets
- Section 25.5 Demeanor of Defendant
- Section 25.6 Defendant’s Testimony
- Section 25.7 Defendant
- Section 25.8 Defendant’s Spouse
- Section 25.9 Defendant’s Mental State
- Section 25.10 Defendant’s Failure to Call a Favorable Witness
- Section 25.11 Convictions as Deterrents
- Section 25.12 Prosecutor’s Personal Opinion
- Section 25.13 Referring to Jurors Personally
- Section 25.14 Referring to Victim
- Section 25.15 Referring to Defense Counsel Personally
- Section 25.16 Other Crimes of Defendant
- Section 25.17 Punishment
- Section 25.18 Probation, Parole, or Appeal as Affecting
- Section 25.19 Prior Crimes as Affecting
- Section 25.20 Retaliatory Argument
- Section 25.21 Pre- and Post-Arrest Statements and Conduct or Flight
- Section 25.22 Fingerprints
- Section 25.23 Previous Trials
- Section 25.24 Reasonable Doubt Arguments
- Section 25.25 When Improper Argument Is Reversible Error
- Section 25.26 Strategy Suggestions—Be Yourself and Be Repetitious
- Section 25.27 Capital Murder
- Section 25.28 Purpose and Scope
- Section 25.29 Areas of Improper Argument by the Prosecutor
- Section 25.30 Objections
- Section 25.31 Preparation
- Section 25.32 Length of Argument
- Section 25.33 Bibliography
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