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Missouri Abolition of Grand Juries Amendment (2016)

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Abolition of Grand Juries Amendment
Flag of Missouri.png
TypeAmendment
OriginMissouri legislature
TopicCivil and criminal trials
StatusNot on the ballot

Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Missouri Abolition of Grand Juries Amendment did not make the November 8, 2016 ballot in Missouri as a legislatively referred constitutional amendment. The measure, upon voter approval, would have abolished grand juries in Missouri. The measure would have removed grand juries from Section 16 of Article I of the Missouri Constitution.[1]

The proposed amendment was introduced into the Missouri Legislature by Rep. Brandon Ellington (D-22) as House Joint Resolution 17.[2]

Text of measure

Constitutional changes

See also: Article I, Missouri Constitution

The proposed amendment would have repealed Section 16 of Article I of the Missouri Constitution. The following text would have been deleted by the proposed measure's approval:[1]

Section 16. That a grand jury shall consist of twelve citizens, any nine of whom concurring may find an indictment or a true bill: Provided, that no grand jury shall be convened except upon an order of a judge of a court having the power to try and determine felonies; but when so assembled such grand jury shall have power to investigate and return indictments for all character and grades of crime; and that the power of grand juries to inquire into the willful misconduct in office of public officers, and to find indictments in connection therewith, shall never be suspended.[3]

Background

House Joint Resolution 17 was proposed following the shooting of Michael Brown, an eighteen-year old black man, and the lack of indictment by a grand jury against white police officer Darren Wilson.[4]

Support

Rep. Brandon Ellington (D-22), chairman of the Legislative Black Caucus, explained his reasoning for proposing the amendment, saying, "Missourians should have the chance to consider whether the antiquated grand jury process still serves a legitimate purpose in our modern criminal justice system."[4]

Opposition

Platte County Prosecutor Eric Zahnd argued against the amendment, noting, "Our nation’s founders thought the grand jury was so important that they enshrined it in the Bill of Rights. It is one of the bedrocks of the criminal justice system that we shouldn’t tamper with."[4]

Path to the ballot

See also: Amending the Missouri Constitution

Either chamber of the Missouri General Assembly is allowed to propose an amendment. A majority of members of both chambers must approve it; if they do, the proposed amendment goes on a statewide election ballot for a popular vote of the people.

The legislature did not take action on the bill; therefore, it will not be on the ballot.[5]

See also

External links

Additional reading

Footnotes