Date: March 9, 2026
To: Chairman Mayhew and Members, Corrections and Public Institutions Committee
From: Jerika White, Criminal Justice Policy Manager, Empower Missouri
RE: Support HB 2153
As the largest and oldest anti-poverty non-profit in our state, Empower Missouri is committed to improving the quality of life for all Missouri residents through advocacy. Since its inception, Empower Missouri has prioritized addressing the criminal justice system and its impacts, advocating for the abolition of the death penalty. Through research, education and policy advocacy, Empower Missouri works to ensure that Missouri’s criminal justice policies reflect values of equity, public safety, and respect for human life.
I am testifying to support HB 2153 sponsored by Representative Murphy. This bill would eliminate the punishment of the death penalty in Missouri for first degree murder and other Class A felonies. Missouri is one of 27 states that still have the death penalty. Missouri has seen numerous executions throughout the years, yet there is little evidence that capital punishment deters violent crime more effectively than alternative sentences such as life without the possibility of parole. By ending the use of the death penalty, Missouri would take an important step toward a justice system that prioritizes fairness, accountability and the protection of human life.
The death penalty raises serious issues regarding fairness and the risk of wrongful conviction. Across the United States there have been 200 individuals who were exonerated after being wrongfully convicted and sentenced to death since 1973. These cases highlight the realities that errors can and do occur within the criminal justice system. A sentence to life without parole ensures that those who commit serious crimes are held accountable while still allowing room to correct potential mistakes. Missouri has four individuals who were exonerated; Clarence Richard Dexter, Eric Clemmons, Joseph Amrine, y Reginald Griffin. In each of these cases, there were incidents of false witness testimony and prosecutorial misconduct played a role in wrongful convictions, underscoring the grave risks associated with a punishment that cannot be reversed.
The death penalty also places a significant financial burden on the state and taxpayers as well as presents legal challenges. Capital cases are far more expensive than cases that result in life without parole. They include pre-trial motions, prolonged jury selection process and the involvement of expert witnesses all contributing to the costly amounts. More than a dozen states that have studied the issue have found that the death penalty cases can cost up to 10 times more than comparable cases that result in life without parole. These resources could be directed toward programs that strengthen public safety, support victims and their families, and address the root causes of crime.
Racial and disability disparities are also serious concerns within the use of the death penalty. The legacy of the death penalty can be directly traced to the history of lynching and slavery, and state and national reports have long shown pervasive racial disparities in its application. Studies across the United States have consistently shown that people of color, particularly those who are Black, are disproportionately represented among those sentenced to death, especially in cases involving white victims. Four-fifths of those executed, nearly two-thirds of those sentenced to death were convicted of crimes involving white victims. These patterns raise troubling questions about whether the death penalty is applied fairly and equally.
In addition, individuals with intellectual disabilities or serious mental health conditions have historically faced significant barriers within the criminal justice system. In 2002, the Supreme Court ruled in Atkins v. Virginia that executing individuals with intellectual disabilities is unconstitutional and violates the Eighth Amendment’s prohibition on cruel and unusual punishment. Despite this ruling, concerns remain. In 2021, Missouri executed Ernest Johnson, despite clear evidence of his intellectual disability. Intersectionality between race and disability status also plays a major factor: a recent report from the Death Penalty Information Center found that more than 80% of intellectually disabled defendants sentenced to death are persons of color.
For these reasons, I respectfully urge you to support HB 2153 and take an important step towards ending the death penalty in Missouri. Eliminating capital punishment would move our state toward a justice system that is more fair, more accountable, and more consistent with the values of human dignity and justice. Thank you for your time and consideration.
