Capital Punishment in Missouri: Background and Impetus for an Empirical Examination of the Modern Death Penalty

Abstract

The essay examines Missouri's recent history in executing prisoners whose cases emerged from state court review to enter federal habeas corpus litigation after enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). AEDPA dramatically altered federal procedure for such cases, erecting greater barriers to merits review by Article III courts of federal constitutional violations. Further, the piece explores consequences of the state's lack of a systematic examination of its modern death penalty (unlike jurisdictions such as, for examples, Illinois and Maryland), and outlines ongoing research to fill that void.