Date: February 26, 2025
To: Rep. Parker, Chairman, and members of the House Judiciary Committee
From: Rika White, Criminal Justice Policy Manager, Empower Missouri
Re: Our support for HB 731 and HB 1075
Founded in 1901, Empower Missouri advocates for the well-being of Missourians through civic leadership, education, and research. As part of our work, we organize a statewide Community Justice Coalition with the goal of decreasing recidivism, decreasing the prison population, and decreasing Missouri’s criminal justice costs all while ensuring our communities are safe. We want to thank Reps. Collins, Rep. Murray, and Rep. Violet for bringing forward this important legislation.
HB 731 and HB 1075 would expand a defendant’s ability to file a freestanding claim of wrongful conviction in post-conviction proceedings. Currently, Missouri only allows freestanding innocence claims for individuals on death row. That means there are thousands of wrongfully convicted individuals that have no legal avenue to prove their innocence. The core principle of the justice system is to protect individual rights and liberties. Wrongful convictions not only deprive innocent individuals of their freedom but also violate fundamental principles of justice and human rights. A freestanding claim of actual innocence provides a critical avenue for those wrongfully convicted to seek justice and uphold their right to liberty. The credibility and reliability of the criminal justice system hinge on its ability to correctly determine guilt or innocence. By allowing claims of actual innocence, the system demonstrates a commitment to rectifying its errors, thereby enhancing public trust and confidence in its processes.
There are many factors that can lead to a wrongful conviction, including mitigating contributing factors, subjective assessments of information presented, unpredictable juror decision-making, and lack of complete information provided by law enforcement and witnesses. Since 1989, Missouri has exonerated 56 people, the majority of whom were convicted of Class A Felony Murder and sexual assault. For those 56 individuals, a total of 646 years of life were spent in prison, removed from their loved ones and communities.
We believe that it is a moral and ethical imperative for society to ensure that innocent individuals are not punished for crimes they did not commit. Allowing freestanding claims of actual innocence reflects a commitment to justice and the value placed on each individual’s rights. We ask the committee to vote in favor of this important legislation. Thank you for your time and consideration.
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