By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 04, 2024
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Missouri is one of 27 states, including Texas and Florida that use the death penalty as a legal punishment. Typically, Missouri's death penalty applies to first-degree murder with one of 17 aggravating factors. Under Missouri law, treason, first-degree kidnapping, and placing a bomb near a car.
According to the Death Penalty Information Center, Missouri's use of the death penalty dates back to 1810, when Missouri hanged Peter Johnson for murder. Since 1810, the State of Missouri has executed over 380 people using the following methods of execution:
Missouri experienced a brief and temporary moratorium like other American states after the U.S. Supreme Court's 1972 decision in Furman v. Georgia. In Furman, the SCOTUS determined that Georgia's imposition of the death penalty on Furman for an accidental murder during a burglary violated the Eighth Amendment's prohibition on cruel and unusual punishment. The U.S. Supreme Court reversed itself with its 1976 decision in Gregg v. Georgia, finding that not all death sentences violate the Eighth Amendment.
Today, Missouri uses the death penalty as a legal punishment for heinous crimes.
Missouri juries bear the responsibility for unanimously imposing the death sentence. Missouri law allows the judge to sentence the convicted offender if the jury cannot agree on punishment. The Missouri Supreme Court hears post-conviction appeals, and a member of the Criminal Appeals Division of the Missouri Attorney General's office defends the death sentence.
The Missouri Department of Corrections assumes responsibility for convicted offenders and houses Missouri's death row inmates at two locations: Mineral Point (men) and Fulton (women). Once a convicted offender exhausts their appeals, they can request clemency. The Missouri governor holds the power to grant clemency with the advice of the Missouri Board of Probation and Parole. Convicted offenders with a scheduled execution date can choose between lethal gas or lethal injection to carry out the death warrant.
As of 2001, Missouri does not execute those with intellectual disabilities. Missouri lawmakers tried and failed to extend this exemption to those with mental illness.
Although the death penalty flourishes in Missouri, it's not without controversy. These controversies include, but are not limited to, the following:
Missouri, like many other death penalty states, struggles to get the drugs it needs to carry out executions. According to the DPIC, European drug manufacturers thwarted the Missouri Department of Corrections' attempt to use propofol as a lethal injection drug. Missouri went on to use and continues to use pentobarbital in its lethal injection protocol.
At least four people, including Joseph Amrine, received exoneration while on Missouri's death row. His exoneration boosted Missourians opposed to the death penalty. Amrine got a death sentence after allegedly murdering a fellow inmate and stayed on death row for 17 years before his exoneration based on exculpatory evidence.
| Code section | |
|---|---|
| Is capital punishment allowed? | Yes |
| Effect of defendant's incapacity | Missouri does not execute those with intellectual disabilities or a mental illness that impedes their ability to understand the charges against them. |
| Minimum age | 18 |
| Available for crimes other than homicide? | None |
| Definition of capital homicide | A person commits the offense of murder in the first degree if they knowingly causes the death of another person after deliberation upon the matter. |
| Method of execution | Lethal gas or lethal injection |
Note: State laws are ever-changing. Please conduct your own legal research to verify the status of Missouri's capital punishment laws.
If you or someone you love is facing the death penalty, you should speak to a criminal defense attorney specializing in death penalty cases. These attorneys are experts in criminal defense law and can help you navigate the entire process. Speak to an experienced Missouri criminal defense attorney today.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Missouri attorneys offer free consultations.
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