Missouri 2024 Regular Session

Missouri House Bill HJR117

Introduced
1/11/24  

Caption

Proposes a constitutional amendment that modifies a provision relating to the right of trial by jury

Impact

If enacted, HJR117 could significantly alter the landscape of trial procedures in Missouri, impacting both criminal and civil justice systems. By allowing smaller juries and different verdict thresholds, the resolution attempts to streamline the trial process which could potentially ease court congestion. However, proponents argue that this could also undermine the traditional jury system that relies on the collective decisions of a larger group, raising questions about the representation and fairness in the judicial process. The amendment aims to adapt to contemporary needs and might reflect an intention to modernize legal practices in the state.

Summary

HJR117 proposes a constitutional amendment to modify the existing provision regarding the right to trial by jury in Missouri. The resolution seeks to repeal Section 22(a) of Article I of the Missouri Constitution and replace it with a new section that allows for a jury in criminal and civil cases to consist of fewer than twelve citizens, as prescribed by law. Furthermore, the proposed amendment states that a two-thirds majority of the jurors may render a verdict in civil cases, while a three-fourths majority is necessary in cases heard in courts of record. Defendants would also have the option to waive their right to a jury trial, allowing their cases to be decided by a judge alone.

Contention

There are notable concerns surrounding HJR117, particularly regarding its implications for the right to a fair trial. Critics might argue that reducing the number of jurors and the required majority for verdicts could compromise the integrity of jury decisions. Legal experts and civil rights advocates may voice that smaller juries could be less representative of the community and result in verdicts that do not reflect a consensus. Additionally, the ability for defendants to waive their right to a jury trial raises concerns about informed consent and the pressures that might influence such decisions, putting vulnerable defendants at a potential disadvantage.

Companion Bills

No companion bills found.

Previously Filed As

MO HJR11

Proposes a constitutional amendment that modifies provisions relating to constitutional amendments

MO HJR18

Proposes a constitutional amendment that modifies provisions relating to constitutional amendments

MO HJR135

Proposes a new constitutional amendment that modifies provisions relating to initiative petitions

MO HJR83

Proposes a constitutional amendment that modifies provisions relating to transportation funding

MO HJR192

Proposes a constitutional amendment that modifies provisions relating to transportation funding

MO HJR77

Proposes a constitutional amendment that modifies provisions for amending the constitution

MO HJR1

Proposes a constitutional amendment that modifies provisions for amending the constitution

MO HJR2

Proposes a constitutional amendment that modifies provisions for amending the constitution

MO HJR136

Proposes a constitutional amendment that modifies provisions for continuing committees

MO HJR84

Proposes a constitutional amendment that modifies provisions for continuing committees

Similar Bills

No similar bills found.