End Missouri's Judicial Death Penalty Loophole

Missouri State Legislature

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.

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 unilateral power to impose the ultimate, 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: Missouri State Legislature
From: [Your Name]

Missouri Gov. Kehoe,

We, the undersigned, are writing to you to urge you to meaningfully consider working to end the 'judicial loophole' in Missouri.

Missouri's judicial loophole is a policy that deeply concerns us. In almost no other state can a judge sentence someone to death against the recommendation of a unanimous jury. In Missouri, judges only need a hung jury.

The process of "death qualifying" a jury already makes it such that those juries are more likely to recommend the death penalty than the general public. Even still, judges are more than 22% more likely to impose the death penalty when faced with a hung jury than an already death-qualified jury.

No judge should have unilateral power to impose the ultimate, and irreversible, punishment. Thank you for your time on this important issue.

Kind regards.