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February 5, 2021

Virginia, the state "that since Colonial times has executed more people than any other," is on verge of abolishing the death penalty

As reported in this local article, headlined "House of Delegates backs abolishing death penalty, signaling end of capital punishment," the Commonwealth of Virginia is on the cusp of historic criminal justice reform.  Here are the details: 

In a landmark vote Friday, the Virginia House of Delegates passed a bill to abolish the death penalty in the state that since Colonial times has executed more people than any other.  With the Senate approving similar legislation Wednesday and Gov. Ralph Northam backing both measures, the action all but ends the death penalty in Virginia, which will now join 22 other states without a capital punishment law on the books.

"In the 20th century, few would have thought this was likely to happen at all, much less that Virginia would be the first in the South to eliminate capital punishment," said Larry Sabato, a political analyst at the University of Virginia. "This is a watershed moment. It shows dramatically how different the new Virginia is from the old," he said.

The House passage, 57-41, was largely along party lines, with three Republicans — Dels. Carrie Coyner, R-Chesterfield, Roxann Robinson, R-Chesterfield and Jeff Campbell, R-Smyth — voting with the Democrats who hold the majority in the House.  The votes followed passionate debate in each chamber this week over the government's ultimate sanction.

Since 1608, Virginia has executed almost 1,400 people — 113 of them since the U.S. Supreme Court allowed capital punishment to resume in 1976, the second-highest toll in the U.S. in modern times.

Speaking Thursday on behalf of the bill he sponsored, Del. Mike Mullin, D-Newport News, a prosecutor in Hampton, said, "There are many arguments for why we should abolish the death penalty. These arguments touch on everything from the moral implications of the death penalty, to the racial bias in how it is applied, to its ineffectiveness, to the extraordinary cost."

"But perhaps the strongest argument for abolishing the death penalty is that a justice system without the death penalty allows us the possibility of being wrong," he said. He cited the case of Earl Washington Jr., Virginia's only death row exoneree among 174 across the U.S.  Washington came within days of execution in 1985 for a rape and murder that DNA later proved was committed by another man. "How many people are we willing to sacrifice to vengeance," Mullin asked.

Shortly before the House vote Friday, Del. Jay Jones, D-Norfolk, who is vying for the Democratic nod to run for attorney general, urged passage, saying the United States is the only Western country that still has the death penalty. "The death penalty is the direct descendant of lynching.  It is state-sponsored racism and we have an opportunity here to end this today," he said....

Supporters of the death penalty did not have the backing of the Virginia Association of Commonwealth's Attorneys this year as the organization decided to let each member argue their own cases.  A dozen top prosecutors in the state favored abolition.

Michael Stone, executive director of Virginians For Alternatives to the Death Penalty, said, Friday's vote in the House, "is a repudiation of the long and violent policy of 1,390 executions carried out by the Commonwealth since 1608.  We look forward to Governor Northam signing this bill into law." Northam, following the Senate passage Wednesday, said, "The practice is fundamentally inequitable.  It is inhumane.  It is ineffective. And we know that in some cases, people on death row have been found innocent."...

There have been no now new death sentences imposed in the state since 2011 and no executions since 2017.  Under the legislation approved this week, the two men remaining on Virginia's death row — both convicted in Norfolk — will have their death sentences changed to life without parole....

If made law, the legislation would mean that all the current 15 types of capital murder — such as murder in the commission of a rape or robbery or the slaying of a law enforcement officer — would become aggravated murder punishable by life in prison without parole. However, as many critics point out, when sentencing, a judge — except in the case of the murder of a police officer — could suspend part or all of such a sentence.  That was a sticking point for some Republicans, particularly Sen. Bill Stanley, R-Franklin, who opposes the death penalty but said he could not vote for the legislation if it meant such a killer might someday be free.

WOW!

February 5, 2021 at 02:25 PM | Permalink

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