Section 27.4 Improper Jury Verdicts

• Library: Criminal Practice 2012 Supp

D. (§27.4) Improper Jury Verdicts

Under certain circumstances, the court will be required to declare and assess the punishment for a defendant who has been found guilty by a jury. If a jury is unable to agree on the defendant’s punishment or the punishment declared is unauthorized by law, the court is to assess and declare the punishment. Section 556.036.4, RSMo Supp. 2004; Rule 29.03. If the jury assesses the defendant’s punishment beyond that authorized by statute for the offense the defendant is convicted of, the court must assess and declare the punishment within the authorized limits. Rule 29.04. Or, if the jury assesses the defendant’s punishment below the authorized limits, the court must assess and declare the defendant’s punishment at the lowest limit authorized by law. Rule 29.06.

The defendant’s attorney should look carefully at the instructions when a jury assesses a punishment that is above or below the authorized limit. If the instructions as to punishment were incorrect, the court cannot assess and declare...