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Law Enforcement Officials Back Ballot Measure To Allow More Evidence In Some Sex Crime Cases

A group of Missouri law enforcement officials have officially endorsed a proposed constitutional amendment designed to make it easier to prosecute sex crimes against children.

Credit sxc.hu

Under current law, juries in Missouri can only hear about a defendant's prior offenses during the sentencing phase of a trial, regardless of the type of crime committed. If passed, Constitutional Amendment Two would allow evidence of prior criminal acts to be admissible in cases where the defendant is accused of a sex crime against someone younger than 18. It would also include evidence of past criminal sexual activity even in cases where the defendant was not convicted or not charged with a crime. Eric Zahnd is prosecuting attorney for Platte County.

"The federal government (and) other states specifically allow this information to be provided to juries, but because of a couple of Missouri Supreme Court decisions, Missouri juries hardly ever get to know that a sexual predator may have abused other children in the past … and in my opinion that’s wrong," Zahnd said.

Amendment Two, originally known as House Joint Resolution 16, was initially approved by Missouri lawmakers during the 2013 legislative session. Earlier this year Gov. Jay Nixon ordered it placed on the November ballot.

"It's wrong to make children who have been through some of the most horrific sexual abuse you can imagine go it alone with a jury," Zahnd said. "Juries deserve to know the full story, the full truth, about a sexual offender."

Zahnd says he knows of no active opposition to the ballot measure.

The Missouri Association of Criminal Defense Lawyers and the Missouri Chapter of the ACLU were both contacted for this story, but so far neither has responded with comments. The Associated Press reported that attorney Kim Benjamin, a past president of the lawyers association, said the proposed amendment is not a good idea because it could result in more wrongful convictions.

Follow Marshall Griffin on Twitter: @MarshallGReport

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Marshall Griffin is the Statehouse reporter for St. Louis Public Radio.
Marshall Griffin
St. Louis Public Radio State House Reporter Marshall Griffin is a native of Mississippi and proud alumnus of Ole Miss (welcome to the SEC, Mizzou!). He has been in radio for over 20 years, starting out as a deejay. His big break in news came when the first President Bush ordered the invasion of Panama in 1989. Marshall was working the graveyard shift at a rock station, and began ripping news bulletins off an old AP teletype and reading updates between songs. From there on, his radio career turned toward news reporting and anchoring. In 1999, he became the capital bureau chief for Florida's Radio Networks, and in 2003 he became News Director at WFSU-FM/Florida Public Radio. During his time in Tallahassee he covered seven legislative sessions, Governor Jeb Bush's administration, four hurricanes, the Terri Schiavo saga, and the 2000 presidential recount. Before coming to Missouri, he enjoyed a brief stint in the Blue Ridge Mountains, reporting and anchoring for WWNC-AM in Asheville, North Carolina. Marshall lives in Jefferson City with his wife, Julie, their dogs, Max and Liberty Belle, and their cat, Honey.
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