End Missouri's Judicial Death Penalty Loophole

Governor Kehoe

Missouri is just one of two states in the entire country that allows a judge—acting alone—to impose a death sentence when a jury cannot reach a unanimous decision. This judicial loophole strips juries of their essential role and hands a single individual the power to decide who lives and who dies. Adding to the issue, Judges in Missouri are elected.  

In nearly every other death-penalty state, unanimity is required. If a jury cannot unanimously recommend death, the sentence is life without the possibility of parole. Missouri's outlier policy defies national standards of fairness and justice.

And the consequences are deadly. Data published by the Springfield News-Leader shows that judges given this unilateral authority impose death sentences at rates more than 20% higher than already death-qualified juries.

This is not theoretical harm—it's already cost lives.

Multiple people have been put to death in recent years in the State of Missouri as a result of this loophole.

When a death qualified jury has found the accused guilty, they have two choices—the death penalty or life without parole. When they cannot unanimously decide between the two, the judge yields the power to decide between the two sentences.

These cases aren't isolated. They are the predictable outcome of a fundamentally broken system. In almost any other state, defendants would receive life without parole when the jury cannot unanimously decide. But not in Missouri.

The State of Missouri has the opportunity—and responsibility—to end this injustice.


We urge Missouri Gov. Kehoe to act now. No judge should have the immense burden or unilateral power to impose this irreversible punishment. Justice demands juries—not individual judges—make life-and-death decisions, and only with unanimity.

Sign this petition to urge the State of Missouri to end their judicial death penalty loophole once and for all.

To: Governor Kehoe
From: [Your Name]

We are writing to urgently voice our profound concern and opposition to the "judicial loophole" in Missouri's capital sentencing law. This policy is an anomaly among states and compromises the fundamental integrity of our jury system.

In virtually every other state, when a death-qualified jury fails to reach a unanimous decision during the penalty phase of a capital trial, the sentence automatically defaults to Life Without Parole (LWOP).

However, Missouri is a stark outlier. Here, a hung jury forces the trial judge to choose the final sentence, deciding between LWOP or death.

This process is deeply flawed. The jury pool is already "death-qualified," meaning it is intentionally screened for individuals who are more inclined to favor the death penalty than the general public. Despite this built-in bias, judges are statistically over 22% more likely to impose a death sentence than an already death-qualified jury.

We firmly believe that no single judge should be charged with the immense burden or possess the unilateral power to impose the final, irreversible punishment of death.

We implore you to take the lead in ending this dangerous loophole. Thank you for your careful consideration of this critical matter.

Sincerely,