Proposes a constitutional amendment that modifies a provision relating to the right of trial by jury
Impact
If passed, HJR139 would significantly alter the current framework governing jury trials in Missouri. Under the proposed changes, civil jury trials could proceed with fewer than twelve jurors, which supporters assert would streamline the process and reduce the burden on juries. In criminal cases, defendants would have the option to waive a jury trial entirely, possibly leading to more bench trials where a judge alone is responsible for rendering a verdict. Proponents believe these changes could lead to enhanced efficiency in the judicial process, particularly in lower-stakes civil cases.
Summary
HJR139 is a joint resolution introduced by Representative Anderson aimed at amending the Missouri Constitution. Specifically, the bill proposes the repeal of Section 22(a) of Article I and its replacement with a new section that modifies the existing provisions relating to the right of trial by jury. The amendment seeks to reduce the number of jurors required for civil trials and allow for alternative trial methods, including the waiver of a jury trial in criminal cases with the government's and court's assent.
Contention
Despite its potential advantages, HJR139 has generated notable discussion and concern. Critics may argue that lowering the juror requirement and permitting waivers compromises the integrity of the jury system, which serves as a fundamental right in the legal process. The right to a jury trial has historically been viewed as a safeguard against government overreach, and amendments like those proposed in HJR139 could be perceived as undermining this right. Supporters and opponents are likely to engage in vigorous debate about the balance between efficiency and the preservation of constitutional protections.
Notable_points
The proposed constitutional amendment will be submitted to the qualified voters in Missouri, which adds a layer of public engagement and potential dissent regarding the changes. As it stands, the upcoming general election slated for November 2022, or a special election called by the governor, will be critical in determining the fate of these proposed changes to the right to a jury trial, making it a key issue for voters concerned with judicial rights.