COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.

What Missouri's Amendment 2 Means for Criminal Justice

Missouri voters could make it easier to prosecute sex crimes this November, news sources report. According to a recent article, Amendment 2 is on the ballot, originally called "House Joint Resolution 16." In short, Amendment 2 would make it easier for prosecutors to convict sex crime defendants. But members of the legal community strongly oppose the motion, saying that it could make convictions too easy – even unfair.

The amendment specifically applies to cases that involve sex crimes against children, and would allow the prosecution to present the defendant's prior convictions as evidence during trial.

Under Missouri's current law, the jury would only hear about the defendant's previous convictions during the sentencing phase of the trial, since many sex crimes (especially those against children) are priorable crimes. If voters favor Amendment 2, sex crime defendants could face evidence in court that, according to a 2007 Supreme Court ruling, is unconstitutional.

Amendment 2 hinges on the concept of propensity evidence, which alleges that prior offenses demonstrate the possibility of a natural tendency toward the crime. The proposal even includes evidence of previous cases that did not end in a conviction.

Those who oppose the proposal say that evidence of prior cases is not only unfair, but prejudiced against defendants. Nicole Chiravollatti, a defense attorney with The Hammer Law Firm, strongly opposes the amendment. "The introduction of such evidence by the prosecution would unfairly persuade the jury to convict based on the defendant's 'propensity' to engage in criminal conduct," she said, "as opposed to the evidence presented at trial."

Other members of the criminal defense community reject the idea as well. The ACLU (Missouri Chapter) disagrees with the measure for similar reasons. The chapter's Executive Director stated that, "Tampering with the Missouri Constitution to take away constitutional protections that are a traditional and necessary part of our criminal justice process goes against American ideals."

If you are facing charges of a sex crime, contact a criminal defense attorney from The Hammer Law Firm, LLC today.

Categories:

Client Testimonials

  • "I could not have imagined getting through this difficult and uncertain time without the help of the Hammer Law Firm."
    - E.M
  • "You don't know how much of a blessing you are to us"
    - C.G
  • "Mark and Nicole are the best law firm partners ever."
    - C.E
  • "Mark and Nicole are the best at getting to the truth of the matter and dedicated to your clients"
    - Vicki H.
  • "Mark Hammer is a decisive, direct, and conscientious attorney. I would definitely recommend him to others."
    - Anonymous
  • "Mark Hammer is a gentleman, exudes confidence and relieves stress with his truth"
    - Anonymous

Why Trust Our St. Lous Criminal Defense LAw Firm?

  1. More than 30 years of criminal law experience.
  2. Former prosecutors who know how the
    "other side" operates.
  3. Accessibility and availability – clients can
    always reach our attorneys.
  4. Personalized, one-on-one attention.
  5. Tough negotiators and proven trial lawyers.
Get Immediate Help

Our attorneys are dedicated to working
directly with all our clients.

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.