The Debate on Whether Life Sentences Should Be Considered: Will Missouri's Proportionality Review Remain Meaningful?

This Law Summary will address the Supreme Court of Missouri's proportionality review jurisprudence, the rationales of two opinions in Deck," and the relationship of the Deck opinions to precedent and public policy. Additionally, this Summary will address the court's subsequent application of and debate about proportionality review as well as the legislative response. Finally, this Summary will conclude that for proportionality review to serve a meaningful function, the court must consider all affirmed, factually similar capital cases that resulted in either life imprisonment or a death sentence because only considering factually similar cases which resulted in the death penalty essentially guarantees a finding of proportionality.1