The Death
Penalty
In Virginia
July 6, 2020
5400 Club - Weinstein JCC
Richmond, VA
Add cost, deterrence, & innocence reasons
slides
Executions by State Since 1608
Espy File DPIC Total
1608 — 1972 1976 — 2019 1608 — 2019
1. Virginia 1,277 113 1,390
2. Texas q59 567 1,322
3. New York 1,130 0 1,130
4. Pennsylvania 1,040 3 1,043
5. Georgia 950 75 1,025
6. North Carolina 784 43 827
7. Alabama 708 66 774
8. California 709 13 722
* Executions as of December 31, 2019
SOURCE: Death Penalty Information Center Web Site
Virginia & the Death Penalty
Hanging was the
predominant execution
method before 1909.
Other methods were used
— three people convicted
of piracy in 1700 were
gibbeted, four pirates
were hanged in chains in
1720, and a female slave
was burned in 1737.
From 1910 until 1994, the
electric chair was used
for all executions.
Lethal injection and the
electric chair are existing
Racial Terror at Heart of Virginia Political
History
Soon after his 1874 inauguration as
Governor of Virginia, former
Confederate General James L.
Kemper delivered an address to the
General Assembly:
"Henceforth, let it be understood of
all, that the political equality of the
races is settled, and the social
equality of the races is a settled
impossibility.
“Let it be understood of all, that
any organized attempt on the part
of the weaker and relatively
diminishing race to dominate the
domestic governments, is the
wildest chimera of political insanity.
“Let each race settle down in final
resignation to the lot of which has
a a fp #2 on
Equal Justice Initiative has
documented more than 120
incidents of Reconstruction-era
racial violence in 40 Virginia
counties — more than the 91 racial
terror lynchings documented in
the state between 1877 and 1950.
One summer evening in 1865, Ed
and Jinny Scott were walking in
Richmond with two friends. The
four Black people parted to allow
One of them hit Jinny scott HaHGUF: ited afg g y LaSty,
Her husband came to her df, Seared z nite Biah, t
u
“If you strike her again | wi Se ou
stepped off the sidewalk.
In response, a white mob seized Mr. Scott and beat him
severely, tortured him for hours, and took him away ina
partially-sealed coffin. Reporting the attack to Freedmen’s
Bureau Officials several days later, Mrs. Scott said she had
A Legacy of More Lynchings
(1877-1950)
Medium
Colored Sen Lynde wt non Fong, Ont 17 1802
MAP OF VIRGINIA'S
LYNCHING HISTORY
7 fai 4 2
Dead See...
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Total of 91 documented lynchings in Virginia. More were
never documented.
Lynchings occurred in at least 50 localities in Virginia.
Most localities had just one or two lynchings; however,
o Alleghany County had four, Danville five and Tazewell
County had ten.
Lynching in the
New South
Georgia and Virginia, 1880-1930
(ED
* From 1880 to 1930 at
least 90 black & 20 white
men in Virginia were
lynched.
* Law rooted in concern
that mob violence was a
threat to attract business
& industry.
* No white person was ever
convicted of lynching an
African-American.
Public Executions
Roanoke's racial climate was typical
in the South.
"During this era, both lynchings and
executions typically drew large
crowds of spectators," said Ted
DeLaney, associate professor of
history at Washington and Lee
University. "There were executions
and lynchings in other parts of the
South that drew crowds as large as
3,000. Sometimes public schools
would close so children could be
present."
- "Roanoke's last public execution,"
Roanoke Times (June 14, 2007)
Modern Death Penalty
Era
° U.S. Supreme Court outlawed
capital punishment in 1972
(Furman v. Georgia)
- Inconsistent application of the DP
- Racial disparities in the DP
° Revised state laws approved by
the U.S. Supreme Court in 1976
(Gregg v. Georgia)
- Implemented two stage trial process
- Aggravating & mitigating factors
s+ ~eath Penalty States
Ra 28
Alabama Louisiana South
Arizona Mississippi Carolina
Arkansas Missouri South Dakota
California Montana Tennessee
Florida Nebraska Texas
Georgia Nevada Utah
Idaho North Virginia
Indiana Carolina Wyoming
Kansas Ohio
Kentucky Oklahoma U.S.
Oregon Government
Pennsylvania __ U.S. Military
SOURCE: Death Penalty Information Center Web Site [June 1 2020]
Death Penalty
States (blue)
Executions by State Since 1976
As of September 1, 2019
Texas 563 Mississipp 21 Kentucky 3
Virginia 113 Oi 20 Montana 3
Oklahoma 112 Indiana 16 Pennsylvania 3
Florida 99 Delaware 13 Oregon 2
Missouri 88 = California 12 Colorado 1
Georgia 74 ~~ Itlinois 12 Connecticut 1
Alabama 66 Nevada 11 New Mexico 1
Ohio 56 Tennessee 7 Wyoming 1
North 43 Utah 5
Carolina 43 Maryland 5 U.S. 3
South 37 Washingto 4 Government
Carolina 31 on 4 1,50
Arizona 28 Nebraska 3 TOTAL 4
Arkansas South
Louisiana Dakota
SOURCE: Death Penkdialhformation Center Web Site [September 1, 2019]
Geography of the Death Penalty
South 1242
Midwest
West
Northeast
Texas
*Federal executions are listed in the region in
which the crime was committed.
SOURCE: Death Penalty Information Center Web Site [June 11, 2020]
Top 16 Counties by Executions Since 19
Not Including Texas
#5 Pima County - 11 #7 Jefferson County - 10; r
——
#7 Mobile County - 10
#7 Miami-Dade County - 10 Lad
SOURCE: Death Penalty Information Center Fact Sheet [November 1, 2018]
ath Penalty
J
|
/
Executions by Race Since 1976
Race Number ercentage
Executed in
the U.S. Black
Since 1976
508 34.5%
Latino 124 8.3%
White 829 55.6%
1.6%
Other 24
NOTE: The federal government counts some
categories, such as Hispanics, as an ethnic
group rather than a race. DPIC refers to all
groups as races because the sources for much
of our information use these categories.
Race imber ercentage
Since 1976
15.3%
Black 333
Latino 150 6.9%
White 1646 75.6%
Other 46 2.3%
@ Black
@ Latino
© White
@ Other
Persons Executed for Interracial Murders
288
20
White Def/ —_ Black Def/
Black Victim — White Victim
SOURCE: Death Penalty Information Center Web Site [November 1, 2018]
Death Row Prisoners by State
As of January 1, 2020
California 725 Georgia 48 Utah 7
Florida 347 Oklahoma 46 U.S. Military 4
Texas 218 Mississippi 43 Virginia 3
Alabama 175 South 40 Colorado 3
Pennsylvani 147 Carolina 31 Montana 2
a 145 Oregon 31 South 1
N. Carolina 141 Arkansas 28 Dakota 1
Ohio 119 Kentucky 23 New 1
Arizona 74 Missouri 12 Hampshire
Nevada 69 Nebraska 10 Wyoming 2,62
Louisiana 62 Kansas 8 (0)
U.S. 52 Indiana 8 TOTAL
Government Idaho
Tennessee
SOURCE: Death Penalty Information Center Web Site [June 11, 2020]
NUMBER OF EXECUTIONS
SINCE 1976: 1518
‘76'77'78'79'80'81 '82'83'84 85'86 '87 88'89 90 91 '92'93'94'95'96'97'98'99'00'01 '02'03'04'05'06'07'08'09'10'11'12'13'14'15'16'17'18'19'20
SOURCE: Death Penalty Information Center Web Site [June 11, 2020]
Death Sentences 1973 - 2019
3 Year Trend 5 Year Trend
0 1973 1975 1980 1985 1990 1995 2000 2005 2010 2015 2019
SOURCE: Death Penalty Information Center Web Site [June 1, 2020]
22 States have abolished
the death penalty
Michiga | 1846 | lowa 1965 | Illinois 2011
n
Wisconsi | 1853 | West 1965 Connecticut 2012
n Virginia
Maine 1887 | North Dakota | 1973 | Maryland 2013
Minneso | 1911 | Massachus 1984 | Delaware 2016
ta etts
Alaska 1957 | Rhode Island | 1984 | Washingto 2018
n
Hawaii 1957 | New Jersey | 2007 | New 2019
Hampshire
Vermon “1664 New Yor tnformation “2007. "Colorado F3 2020
t
New Mexico | 2009
12 more states have had no
executions in the past ten
years
California 2006 Nevada 2006
Indiana 2009 North Carolina 2006
Kansas 1965 Oregon 1997
Kentucky 2008 Pennsylvania 1999
Louisiana 2010 Utah 1997
Montana 2006 Wyoming 1992
SOURCE: Death Penalty Information Center Web Site [June 1, 2020].
Virginia & the Death
Penalty
° Virginia has executed 113
people since 1976, second
most in the United States.
° Virginia executes the highest
percentage of those sentenced to
death (75%) in the U.S.
¢ Virginia is fastest in the nation from
sentencing to execution (6.2 years
on average).
In Virginia it’s easier
to take a person's
liberty or life than
their property:
° In Sh Sweuits, both sides
must turn over virtually
everything to the opponent and
sit for pretrial depositions.
* Criminal defendants are not
entitled to the police reports
in their case, the witness
statements against them or
even a witness list.
Virginia Executions Since 1976
by Local Jurisdiction
Number of Executions
1976-2018
L_jo MMs
: Mis
ie Ms
mi: Ms
ma
SOURCE: Death Penalty Information Center web site [March 1,
2019]
There are 18 Virginia jurisdictions
that have never had an execution.
COUNTIES: CITIES: CITIES:
Dickenson Emporia Manassas
County Falls Manassas
Floyd Church Park
County Franklin Norton
Poquoson
INDEPENDEN Fredericksb Salem
T CITIES: urg Suffolk
Colonial Galax
Heights Waynesboro
. CES: .
CovingtO re ecth phd Ay HIS ARBM Kenter
<https://degthpenaltyinfo.org/views-
executions
exington ;
Death Penalty USA, Virginia Executions
1901-1962
<https://deathpenaltyusa.org/usal/state/
virginiaS.Atm>
There are 32 more Virginia jurisdictions
with no execution in 100+ years.
Amelia County Greensville
Bath County County
Buckingham Hanover County
County Highland
Carroll County County
Charlotte King & Queen
County County
Clarke County Lancaster
Craig County County
Cumberland Louisa County
County Mathews
Essex County County
Giles County New Kent
Grayson SOURCES: Count
County
execution
Rockingham
County
Russell County
Shenandoah
County
Stafford
County
Sussex County
Tazewell
County
Westmoreland
Co
Wythe County
Death P: ren enter
<https: Ee rena Bristol city
Buena Vista
Usa AH Executtahy
Death Pehatlg
1901-19¢2appananno
<https://d@ahpenaltyusa.org/usal/state/
Death Penalty
Disparities in
V asepist itd 133 political jurisdictions in
the
Commonwealth have NOT had an
execution since 1976.
* Three jurisdictions [Chesterfield,
Prince William, & Virginia Beach] are
responsible for 23% of executions.
* Seven jurisdictions [Chesterfield,
Fairfax, Hampton, Pittsylvania,
Pottsniod te oP rines Willian [M& 19 20161.
Virginia Beach] account for 41% of
the state’s executions.
The Problem of Innocence
THE FACES OF INNOCENCE je Since 1973, 169 people
have been released
from death row with
evidence of their
innocence.
* Many others have been
executed while serious
doubts have been raised
regarding their verdict.
¢ Since 1976, there is a
ratio of one innocent
person freed from death
DP
I C INFORMATION CENTER
Earl Washington
© Wrongfully convicted of
murder and rape in 1984
Sentence was commuted
to life in prison 9 days
before his scheduled
execution in 1994
Granted an absolute
pardon on October 2,
2000
VIRGINIANS FOR
ALTERNATIVES
TO THE DEATH PENALTY
18 people convicted of murder in Virginia
have been exonerated since 1989
On March 6, 1986, a jury in Newport
News convicted me of murder,
robbery, burglary and rape. | was
sentenced to life in prison.
The key evidence against me was a
coerced witness identification and
testimony by two forensic experts
who said that I was the only person
In 2015, DNA test¢raxebidddhme dé ft easitengirk on
the biological evittanfape victim.
An investigation showed that the lab analyst
eliminated me as the source of the evidence. The
analyst’s bench notes of his testing excluded me.
Those notes were never given to my defense
attorney.
- Keith Harward
18 people convicted of murder in Virginia
have been exonerated since 1989
Beverl
y
Monro
David Boyce
Collateral Damage
Human cost of the death penalty
Few people consider the impact of capital
punishment on a wide range of people who are
part of the system:
- Victim family members
- Prosecutors
- Defense attorneys
- Judges and jurors
- Family members of death row inmates
- Wardens and corrections officers
- Executioners
Daughter of a slain sheriff’s deputy
For ten years | was plagued by the
uncertainty around the trial and
appeals, repeatedly forced to
relive the worst day of my life.
penalty to be an ineffective,
outdated punishment. The
execution brought no solace to
me, but, instead, it strengthened
my resolve that the death
penalty needs to be abolished.
It is time for the death penalty to
be abolished in order to better
care for the victim’s family
members, to better serve the
public good, and to protect
Linell Michael Berg
Patterson
we
on
7
Neva _ Dave Knight & Ryan Nixon
Herrington his
late brother
Former Virginia Executioner, Jerry Givens
! worked as a prison guard saving
lives most of the time. But when
! took on the role of executioner,
| had to become a killer. ...
The Earl Washington case [who was
exonerated by DNA evidence in
1993 si shook my faith in the
/ Beta tare re any innocents
ag FAST ELSE fT? The only thing | can
fife ©
eet to forgive me if | did.
- “Ex-Virginia executioner becomes opponent
of death penalty,” Washington Post
(February 10, 2013)
ba Pa
David Bruck Kristina Leslie
Matthew
b.
Meghan Jerry Zerkin Elizabeth
Shapiro Peiffer
Former Attorney General
Opposes the Death Penalty
“| supported the death penalty for all
of my public life — as a Virginia State
Senator, Attorney General, and
Republican candidate for governor.
Today, | can still make a conceptual
argument as to why it should be a tool
in the arsenal of a prosecutor — but it
is just an argument. And, to me, the
argument is tired, strained, and no
longer defensible.”
- Mark Earley, a Republican former
Virginia Attorney General who
oversaw 36 executions
Conservative Republican State Senator
Opposes the Death Penalty
“We do not have the
power our Creator has
to take life. We do not
have the ability,
morally, legally or
otherwise.”
- Sen. Bill Stanley, a
Republican state legislator
who represents southside
Virginia
A New Era in Virginia
** Virginia used to sentence 5-10 people to
death and execute as many as 14 people
in one year.
" Only four executions in the past five
years.
" No new death sentence in over 9
years.
* The last death sentence was in March
2011.
" There have been nearly 3,000
murders in Virginia since then.
Virginians for Alternatives
to the Death Penalty
http://www.vadp.org/
Ending the Death
oe: Penalty through
Education,
VIRGINIANS FOR _:
ALTERNATIVES [aehcoubicoi
TO THE DEATH PENALTY Advocacy
