Section 27.3 Role of the Jury

• Library: Criminal Practice 2012 Supp

C. (§27.3) Role of the Jury

Section 557.036, RSMo Supp. 2004, determines how a jury will participate in the trial of a criminal prosecution. In 2003, S.B. 5 amended § 557.036 by making two stages to a trial. The first stage of the trial is the determination of whether the defendant is guilty or not guilty of the submitted offense. During this first stage the punishment issue is not submitted to the jury. The second stage of the trial takes effect only if the jury determines that the defendant is guilty of the submitted offense, and the assessment of the punishment is done during this stage. At this second stage the jury will hear evidence that supports or mitigates the statutorily authorized punishment and declare the defendant’s punishment. Section 557.036.3. Evidence may consist of reiterating or detailing the nature and circumstances of the offense, victim impact evidence, the defendant’s history, and, possibly, character evidence. But under certain circumstances during the second stage of the trial, the court and not the jury will assess the punishment. These include when:

· the defendant requests in writing before voir dire that the court assess the punishment if found guilty; or

· the defendant is proven to be a prior offender, a persistent offender, a dangerous offender, a persistent misdemeanor offender under § 558.016, RSMo Supp. 2004, a persistent sexual offender under § 558.018, RSMo 2000, or a predatory sexual offender under § 558.018.

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