Section 27.2 Sentencing a Province of the Court

• Library: Criminal Practice 2012 Supp

B. (§27.2) Sentencing a Province of the Court

Section 557.036, RSMo Supp. 2004, details the role of the court and of the jury in sentencing a criminal defendant. Section 557.036.1 states that “the court shall determine the extent or duration of a defendant’s sentence or other disposition to be imposed” upon a finding of guilt upon a plea or verdict. The court must take into consideration the offense that is the basis for the conviction and the defendant’s background when rendering its judgment. When the defendant is considered a prior offender, a persistent offender, a dangerous offender, a persistent sexual offender, or a predatory sexual offender, the court should not seek an advisory verdict from the jury and, if one happens to be rendered, the court is not to deem it advisory but only surplusage. Section 557.036.7. In all other cases, the court may seek an advisory verdict from the jury. It is an “advisory verdict” because the jury does not assess the punishment in a criminal prosecution but only gives its recommendation on what it thinks the punishment should...