Texas Executes its 400th Person since 1976

By: James Martin
Published On: 8/22/2007 10:54:41 PM

...and Virginia isn't far behind. Since 1976- 98 people have been executed in Virginia which is the highest number after Texas. Two explanations are found in Virginia's unfair legal system:

1) The 21 Day Rule- New Evidence can only be introduced before 21 days after the sentence is handed down.

2) There is no requirement that evidence from capital cases be preserved until after the appeals process.

I also think its worth noting that an African American who kills a white person is twice as likely as a white person who kills a minority to get a death sentence. (Source)

Below the fold there is a 2002 column by Republican Delegate Vince Callahan on why Virginia should end the Death Penalty:

In the past, I have been a strong advocate of the death penalty. I voted in
favor of the resumption of capital punishment in 1977, and I have supported
additional provisions expanding the categories of criminal actions for which
the death penalty may be imposed.

However, I have now become one of those who believe that we must take
another look at the death penalty. In other words, I have come full circle
when it comes to giving our states such as Virginia the power to take the
life of a human being.
In fact, I'm now proposing a two-year moratorium on executions.

Why do I think it's time we should take another look at the death penalty?
In the first place, there is insurmountable evidence that capital punishment
is no deterrent to murder. Even the most ardent advocates of keeping the
death penalty have dropped that argument.

But there are other compelling reasons as well.

In my capacity as chairman of the Joint Legislative Audit and Review
Commission (JLARC), the Virginia Legislature's watchdog agency, I initiated
a study on the application of capital punishment throughout the state.

The JLARC study concluded that, more than any other factor, geographical
location within the Commonwealth was most strongly associated with the
decision by the Commonwealth Attorneys to seek the death penalty. The study
noted that "the overall rate at which local prosecutors in high density
jurisdictions sought the death penalty in capital-eligible cases was 200
percent lower than was observed in medium density localities. Thus a key
question for this study was whether the factors which appear to be
associated with the decision of Commonwealth Attorneys to seek the death
penalty in capital murder are related to the specifics of the case (such as
type of crime, nature of evidence), external to the case (such as type of
locality), or extra-legal (such as the defendant's race)."

In other words, a murderer is twice as likely to face a death sentence in a
rural setting than if the same act were committed in a city.

I found the fact that the imposition of the death penalty depends on where
in the Commonwealth a crime was committed profoundly troubling.

The JLARC study also addresses the "21-Day rule" as it exists in Virginia.
That rule-common to both civil and criminal matters in Virginia-requires any
party seeking review of a trial court decision to do so within 21 days of
date of entry of the final judgment, or sentence. After that, you are out of
luck.

The rule itself has merit. It is important that judgments be final, and that
cases do not continue forever. The problem arises when the desire for
finality overrides the need for accuracy. In  the criminal context, at
present, an individual may be sentenced to death, and remain subject to that
sentence, if an alibi witness conclusively able to exculpate a defendant, is
located 22 days after that person's final sentence.

Many jurisdictions continue to impose time limits on the reintroduction of
new evidence; however, Virginia's 21-day rule limitation is the shortest in
the United States.

The JLARC report also notes that, in Virginia, as in many other states,
there remain longstanding questions concerning the quality of legal
representation afforded indigents who are charged with capital murder. The
adequacy of legal representation remains a serious issue, and will in all
likelihood remain so, given the woefully inadequate compensation paid to
court appointed lawyers in the Commonwealth, the almost universal lack of
funds for investigative and other support services.

In contrast, other states, such as Washington State, provide public
defenders' offices with the same funding for lawyers and investigators as
the prosecutors. The defendant at least has a fighting chance to get
reasonable representation and reasonable investigative support.

Public sentiment in Virginia appears to still favor the death penalty.
Politicians listen to pollsters.

However, I believe it is time for a new dialogue on the death penalty. New
scientific evidence, such as DNA testing, has revolutionized all areas of
crime detection, criminal prosecution, and criminal defense. It is time to
take a fresh look at how, and when, Virginia imposes the death penalty (now
second only to Texas in the number of executions). It is time to look
carefully at the means by which people who are incarcerated wrongfully might
have their sentences reviewed based on newly discovered evidence.

A moratorium on executions for two years would allow for that dialogue to
begin. Those individuals presently awaiting execution will not have their
sentences vacated or otherwise set aside. Any individuals now awaiting trial
are still subject to the death penalty as at present.

I do not have any preconceived ideas on what, if anything, should be done
specifically to "fix" our current system. However, I have come to believe
that our current system is not working.

I believe that elected officials and the public will come to the same
conclusion once they review recent studies and evidence. A moratorium on the
death penalty will give elected officials and the general public the chance
to take a hard look at the evidence to see whether the death penalty is
serving its purpose.


Comments



I too am in a moral dilemna (DanG - 8/23/2007 12:01:01 AM)
The same beliefs that are making me fee abortion is immoral are also making me feel that the Death Penalty is immoral.  I don't know, part of me feels that filthy murders and rapists don't deserve to live life in prison at tax-payers expense.  But part of me wonders if my judgment is really necessary.  After all, he/she'll be judged for sins inevitably.  Why should I assume that I, a fallible human, should be able to pass ultimate judgment, when clearly that position is left for God and God alone?

I don't know.  I still say that I think the Death Penalty has a purpose in Virginia.  But I will say it is used far too much and too wrecklessly.  If we are to keep the Death Penalty, and part of me still thinks we should, then maybe we need some serious updates to our system.



I've gone back and forth (Chris Guy - 8/23/2007 12:43:18 AM)
on the issue my whole life. In fact I don't think I can say I'm definitively anti or pro-capital punishment. It's one of those issues where people's emotions get the better of them.

Look at the other countries, besides the U.S., where it's legal. It's an embarrassing group to be associated with.



I've gone back and forth as well, but... (Lowell - 8/23/2007 6:51:01 AM)
...as long as there are serious problems in our criminal justice system, including cases where innocent people have been executed, I will oppose giving the government the power to put people to death.  Also, I would love to see strong, credible evidence that the death penalty acted as a deterrent to crime in the United States.  I've looked around pretty extensively and never found it.  Finally, we need to deal with the aspects of our criminal justice system that discriminate against poor people and African Americans.  Once all of those problems are taken care of, we might consider the death penalty as an option for the "worst of the worst."  At the moment, we're not even close.


The death penalty is wrong (MohawkOV1D - 8/23/2007 1:03:32 AM)
because the VA legal system is FUBAR.

1.) legal representation by public defenders - HAHAHAHA

2.) DA's - gonna be a judge some day!!  So plead guilty and pave the way!

3.) Police never lie. NO NO NEVER NEVER NEVER.  Scouts Honor

4.) appeals process/21 Day Rule

If the DA's bring charges in the "name of the people of the Common Wealth of Virginia" and the accused gets a death sentence, then we are all murderers.

I'm not against execution, I'm for it.  But you had better be 100% that you got the right person.  And since 100% is not possible for the above reasons - No Death Penalty.

However, in the comical political climate that we're in, the candidate that proposes locking up kindergartners for bringing a plastic spork to school gets elected.  This is because people are OK with a 50/50 chance that the guy being executed may be guilty (had to have done something) but they want that 100% guarantee of their own safety.  So VA will continue to "send a message" that we are "tough on crime".  The real message though, to people that can read, is that the legal system is a farce.

If we citizens really wanted an end to the death penalty, we'd find legislators that would get it done.  Just like we did with that Iraq war thing.



I used to be kinda for it (mkfox - 8/23/2007 4:19:33 AM)
saying that serial killers and terrorists should be executed but found the number of victims arbitrary in the morality discussion of capital punishment and I couldn't define what a terrorist was (plus anyone who willingly and gratuitously murders someone else did terrorize them, their surviving family/friends and the community). In a nutshell for me, capital punishment is unnecessary, gratuitous, barbaric and democratically unjustifiable; if a majority of a state or nation's population wants capital punishment, does that make it moral?

I hate the "well life in prison costs the taxpayers more" argument. Not only does the lengthy trial and appeals process for capital cases and convictions take longer and cost more money, but it's morally shallow to say "well let's kill him because it's more cost-effective." Also, I'm in the school of thought that governments, especially republics where we are the government and the government is us, should civilize their people with laws and actions that condemn a culture of violence rather than condone it, whether it be unjustified war, capital punishment, shoot-first gun laws, nativism or what have you.



Just this simple: (kestrel9000 - 8/23/2007 7:25:59 AM)
Two wrongs don't make a right.
You cannot teach that killing is wrong by killing killers.
Please forgive the cliches, but to me it's just that simple.
The day they make me Exalted-Leader-For-Life, the first thing I do is abolish the death penalty.
Of course, once we get to the other stuff, it's a safe bet I'll be assassinated before dinner.


Some other Reason to be Against it... (Matt H - 8/23/2007 10:37:05 AM)
Other than rather being more like Western Europe than the Middle East:

It actually costs a lot of taxpayer money and time to get from a conviction to an execution.  The D.A.'s can spend their time (which of course is our time) going after other criminals instead of spending it on exhaustive appeals, etc.

Also, if I were a victim or the friend of a victim, I'd get more satisfaction knowing that the murderer is locked away forever and will never enjoy what freedom has to offer.  Who knows, maybe when we all die, the slate is cleared and we all wind up in a better place.  I am certain that life in prison has to be utterly miserable.

John Brown lives.