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Critics of death penalty hope for a phaseout

Interpret recent slower pace of executions as significant

By Gary Emerling (Contact) | Friday, July 4, 2008

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Kevin Green was No. 99 in May. Robert Stacy Yarbrough became No. 100 last month. And next week, Kent Jermaine Jackson stands to be No. 101.

The number of Virginia inmates executed in the modern era ranks second in the country, but the pace of scheduled deaths has slowed in recent years. That has spurred hope among opponents of the death penalty that it could eventually be phased out, while proponents say support for capital punishment remains strong in the state.

"I can tell you this, it's never easy to carry out the death penalty, and the death penalty should never be administered in a casual manner," said Lt. Gov. Bill Bolling, a Republican. "However, I believe that the death penalty is an appropriate punishment for those who commit the most heinous crimes against society, and I believe the death penalty is still supported by the vast majority of the people of Virginia."

Since the Supreme Court reinstated capital punishment as constitutional in 1976, Virginia ranks behind only Texas in enforcing the death penalty.

But after reaching highs of 13 in 1998 and 14 in 1999, the number of executions in the state has continued to drop back to those more similar to previous years: Virginia put four people to death in 2006 and executed none in 2007. Five executions were scheduled for this year after the Supreme Court ruled lethal injection constitutional in April and the state lifted a moratorium on the practice.

Observers say the slower pace in executions stems from a variety of factors. Jon Gould, director of the Center for Justice, Law and Society at George Mason University, thinks prosecutors may be more cautious in seeking the death penalty because he said the state has had 12 wrongful convictions for rape or murder since the late 1990s.

Lawmakers in 1994 also allowed juries to sentence convicts to life in prison without parole - a change former State Attorney General William G. Broaddus thinks is "the single biggest factor" in the decline of executions.

"I think that it's a recognition that when you are a member of a jury ... knowing you are going to cause a person to die is a very difficult decision for any individual to grapple with," said Mr. Broaddus, who as attorney general from 1985 to 1986 supported the death penalty but now opposes it.

Virginia's changing demographics and increasing lean to the left also could play a role in the declining execution rate: Residents in recent years have elected two Democratic governors in a row, allowed a Democrat to take over an incumbent Republican's seat in the U.S. Senate and pushed Democrats into the state Senate majority.

"To some extent, if you change what the constituents believe you will get [lawmakers] who feel like they can start to take a stand against the death penalty," said Betty Gallagher, a spokeswoman for the group Virginians for Alternatives to the Death Penalty.