Effective - 01 Oct 1984, 2 histories
565.006. Waiver of jury trial permitted, when. — 1. At any time before the commencement of the trial of a homicide offense, the defendant may, with the assent of the court, waive a trial by jury and agree to submit all issues in the case to the court, whose finding shall have the force and effect of a verdict of a jury. Such a waiver must include a waiver of a trial by jury of all issues and offenses charged in the case, including the punishment to be assessed and imposed if the defendant is found guilty.
2. No defendant who pleads guilty to a homicide offense or who is found guilty of a homicide offense after trial to the court without a jury shall be permitted a trial by jury on the issue of the punishment to be imposed, except by agreement of the state.
3. If a defendant is found guilty of murder in the first degree after a jury trial in which the state has not waived the death penalty, the defendant may not waive a jury trial of the issue of the punishment to be imposed, except by agreement with the state and the court.
4. Any waiver of a jury trial and agreement permitted by this section shall be entered in the court record.
--------
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)
Effective 10-01-84
(2002) Arizona statute allowing trial judge to determine presence or absence of aggravating factors required for imposition of death penalty violates Sixth Amendment right to a jury trial. Ring v. Arizona, 122 S.Ct. 2428 (U.S. Supreme Court).
Structure Missouri Revised Statutes
Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders
Chapter 565 - Offenses Against the Person
Section 565.001 - Procedure for chapter 565.
Section 565.002 - Definitions.
Section 565.006 - Waiver of jury trial permitted, when.
Section 565.010 - Consent as a defense.
Section 565.020 - First degree murder, penalty — person under eighteen years of age, penalty.
Section 565.021 - Second degree murder, penalty.
Section 565.024 - Involuntary manslaughter, first degree, penalty.
Section 565.027 - Involuntary manslaughter, second degree, penalty.
Section 565.029 - Lesser degree offenses in homicide cases — instruction on lesser offenses, when.
Section 565.030 - Trial procedure, first degree murder.
Section 565.033 - Person under eighteen, sentencing — factors to be considered, jury instructions.
Section 565.040 - Death penalty, if held unconstitutional, resentencing procedure.
Section 565.050 - Assault, first degree, penalty.
Section 565.052 - Assault, second degree, penalty.
Section 565.054 - Assault in the third degree.
Section 565.056 - Assault in the fourth degree.
Section 565.072 - Domestic assault, first degree — penalty.
Section 565.073 - Domestic assault, second degree — penalty.
Section 565.074 - Domestic assault, third degree — penalty.
Section 565.076 - Domestic assault in the fourth degree, penalty.
Section 565.090 - Harassment, first degree, penalty.
Section 565.091 - Harassment, second degree, penalty.
Section 565.110 - Kidnapping, first degree, penalty.
Section 565.115 - Child kidnapping — penalty.
Section 565.120 - Kidnapping, second degree, penalty.
Section 565.130 - Kidnapping, third degree, penalty.
Section 565.140 - Defenses to kidnapping in the third degree.
Section 565.150 - Interference with custody — penalty.
Section 565.153 - Parental kidnapping — penalty.
Section 565.156 - Child abduction — penalty.
Section 565.160 - Defenses to interference with custody, parental kidnapping, and child abduction.
Section 565.167 - Custody of child — peace officer to take child into protective custody, when.
Section 565.188 - Failure to report elder abuse or neglect — penalty.
Section 565.189 - Filing a false elder abuse or neglect report — penalty.
Section 565.218 - Failure to report vulnerable person abuse — or neglect — penalty.
Section 565.222 - Filing a false vulnerable person abuse report — penalty.
Section 565.225 - Stalking, first degree, penalty.
Section 565.227 - Stalking, second degree, penalty.