Examine individual changes

'{{lead too short|date=January 2021}} '''[[Capital punishment]]''' is a legal penalty in the U.S. state of '''[[Virginia]]'''. The last execution in the state was in [[List of offenders executed in the United States in 2017|July of 2017]], when [[William Morva]] was executed via [[lethal injection]] for murder.<ref>{{cite news|title=Virginia may be first in south to abolish death penalty and abandon ‘legalized lynching’|url=https://www.theguardian.com/us-news/2021/feb/02/virginia-abolish-death-penalty-legalized-lynching-slavery-south|work=[[The Guardian]]|date=February 2, 2021}}</ref> ==History== ===Early history=== The first recorded execution in the United States took place in 1608 at the [[Jamestown Colony]] in Virginia. Captain [[George Kendall (Jamestown council member)|George Kendall]] was executed for [[treason]].<ref>{{cite web|title=Part I: History of the Death Penalty|url=http://www.deathpenaltyinfo.org/part-i-history-death-penalty#early|publisher=Death Penalty Information Center|accessdate=27 October 2013}}</ref> Hanging was the predominant method for executions before 1909. Other methods had been used during this time — three people convicted of [[pirate|piracy]] in 1700 were [[gibbet]]ed, 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. On February 2, 1951, four [[African American]]s (of the [[Martinsville Seven]]) were executed for rape in one case and another was executed for murder in an unrelated case—the most executions held on a single day in Virginia. On February 5, 1951, the remaining three defendants in the rape case were executed.<ref>Jim Iovino, "[http://www.nbcwashington.com/news/local/Facts-About-Virginias-Death-Row-69644447.html Facts About Virginia's Death Row]", ''NBC'', 10 November 2009.</ref> The case of the Martinsville Seven led to scrutiny of [[Race and capital punishment in the United States|racial bias in death penalties]] for rape in Virginia. Only Black men were executed for rape, ''de jure'' through the end of the Civil War, and ''de facto'' since the introduction of the electric chair.<ref name=RiseJSH>Eric W. Rise, "Race, Rape, and Radicalism: The Case of the Martinsville Seven, 1949–1951", ''Journal of Southern History'', LVIII(3), August 1992; accessed via JStor.</ref> The last execution for [[rape]] took place on February 17, 1961. The youngest person to have been executed in Virginia was Percy Ellis, who at the age of 16 was electrocuted on March 15, 1916. Only two women, [[Virginia Christian]] in 1912 and [[Teresa Lewis]] in 2010, have been put to death by the state since it took over executions from the counties. ===Modern Era Post-''Gregg''=== [[File:John Allen Muhammad.png|160px|thumb|right|[[John Allen Muhammad]] during his time in the military]]After the [[Supreme Court of the United States]] upheld Georgia's "guided discretion" laws in ''[[Gregg v. Georgia]]'', Virginia's laws were modified along the same lines. The first person executed after being sentenced to death under these laws was [[Frank James Coppola|Frank Coppola]] on August 10, 1982. He was the first individual executed by the state in the modern era. The electric chair continued to be solely used until 1994, when legislation was enacted giving inmates the choice of lethal injection or the electric chair, with lethal injection the default method if no decision was made. Seven inmates have since opted for the Virginia electric chair; the most recent was [[Robert Gleason (murderer)|Robert Gleason]] on [[List of offenders executed in the United States in 2013|January 16, 2013]]. Former Governor [[Tim Kaine]] has also stated that he opposes the option of the electric chair, but did not move to drop it as an option while in office. Executions are carried out at [[Greensville Correctional Center]] near [[Jarratt, Virginia]]; the men's death row is located at the [[Sussex I State Prison]] near [[Waverly, Virginia]] and the women's death row is at the [[Fluvanna Correctional Center for Women]].<ref>[http://www.nbcwashington.com/news/local/Facts-About-Virginias-Death-Row-69644447.html Facts about Virginia's Death Row]. NBC4 Washington. Tuesday November 10, 2009. Retrieved on May 29, 2012.</ref> The execution chamber moved from the former [[Virginia State Penitentiary]] to Greensville in 1991.<ref>Richardson, Selden. ''The Tri-State Gang in Richmond: Murder and Robbery in the Great Depression'' (True Crime Series). [[The History Press]], 2012. {{ISBN|1609495233}}, 9781609495237. p. [https://books.google.ae/books?id=ijY2-fP4ji4C&pg=PA203 203]{{Dead link|date=November 2018 |bot=InternetArchiveBot |fix-attempted=yes }}.</ref> On August 3, 1998, the male death row moved from [[Mecklenburg Correctional Center]] to Sussex I.<ref>"[https://web.archive.org/web/20091111220214/http://www.myfoxdc.com/dpp/news/virginia/virginia-death-row-execution-facts-111009 Facts about Virginia's Death Row]" ([https://www.webcitation.org/6iyGp0qAM?url=http://web.archive.org/web/20091111220214/http://www.myfoxdc.com/dpp/news/virginia/virginia-death-row-execution-facts-111009 Archive]). NBC4 Washington. Tuesday November 10, 2009. Retrieved on May 29, 2012.</ref> In 1992, [[Roger Keith Coleman]] was executed by the state for the 1981 rape and murder of his sister-in-law Wanda McCoy. Coleman's case drew national and worldwide attention before and after his execution because of his repeated claims of innocence: ''[[Time (magazine)|Time]]'' magazine featured Coleman on its May 18, 1992, cover. After his death, his was the second case nationally in which DNA evidence was analyzed of an executed man. In January 2006, Virginia Governor [[Mark Warner]] announced that testing of [[DNA evidence]] had conclusively proven that Coleman was guilty of the crime.<ref name="dnacoleman">[https://www.washingtonpost.com/wp-dyn/content/article/2006/01/12/AR2006011201210_2.html Maria Gold and Michael D. Shear, "DNA Tests Confirm Guilt of Executed Man"], ''Washington Post'', 12 January 2006; Quote: "The testing in Coleman's case marks only the second time nationwide that DNA tests have been performed after an execution. In 2000, tests ordered by a Georgia judge in the case of Ellis W. Felker, who was executed in 1996, were inconclusive."; accessed 26 May 2017</ref> On November 10, 2009, Virginia executed spree killer [[John Allen Muhammad]] for the 2002 [[D.C. sniper attacks]] during which he killed 10 people. He was tried in Virginia rather than the District of Columbia in order to establish an impartial jury pool, and his death sentence was finalized in six years.<ref name="ReferenceKTRH">{{cite web|title=Conviction to Execution "Takes Too Long"|url=http://www.ktrh.com/articles/houston-news-121300/conviction-to-execution-takes-too-long-14356331/|url-status=dead|archive-url=https://web.archive.org/web/20160407132114/http://www.ktrh.com/articles/houston-news-121300/conviction-to-execution-takes-too-long-14356331/|archive-date=April 7, 2016|accessdate=March 22, 2016|publisher=ktrh.com}}</ref> The most recent person to be sentenced to death in Virginia was Mark E. Lawlor, sentenced June 23, 2011 by the Honorable Randy I. Bellows of [[Fairfax County, Virginia|Fairfax County]] Circuit Court. In 2020 however, Lawlor won a federal appeal which required a retrial of the sentencing phase, and the new [[District attorney|commonwealth attorney]] chose to reduce the sentence to life in prison without parole citing their personal beliefs regarding capital punishment.<ref>{{Cite news|last=Jackman|first=Tom|date=|title=Va. man sentenced to death in 2011 gets new hearing, and new prosecutor agrees to life sentence|language=en-US|work=[[Washington Post]]|url=https://www.washingtonpost.com/crime-law/2020/03/12/va-man-sentenced-death-2011-gets-new-hearing-new-prosecutor-agrees-life-sentence/|url-status=live|access-date=2021-01-17|issn=0190-8286}}</ref> ===Abolition=== In January 2021, members of the [[Virginia General Assembly]] introduced companion bills to abolish the death penalty and convert existing capital sentences to life sentences without parole. Governor [[Ralph Northam]] said he would sign the bill if it passes.<ref>{{Cite web|last=Pereira|first=Ivan|date=January 13, 2021|title=Virginia lawmakers introduce bill to abolish death penalty|url=https://abcnews.go.com/US/virginia-lawmakers-introduce-bill-abolish-death-penalty/story?id=75232327|url-status=live|archive-url=|archive-date=|access-date=2021-01-17|website=[[ABC News]]|language=en}}</ref> Only two people are currently on death row in Virginia: Anthony Juniper and Thomas A. Porter.<ref>{{cite news|title=Since 1608, Virginia has executed more people than any other state. It may now abolish the death penalty.|url=https://www.pilotonline.com/news/crime/dp-nw-virginia-death-penalty-20210131-gs3b423zcjchddnfzpmfgxuoea-story.html|work=[[The Virginian-Pilot]]|date=January 31, 2021}}</ref> The last execution in Virginia occurred in [[List of offenders executed in the United States in 2017|July of 2017]], when [[William Charles Morva]] was executed for two murders he committed in 2006. The daughter of one of his victims supported the bill to end capital punishment, calling the practice outdated, ineffective, and failing to provide her any closure. The last Capital Murder case to be tried in Virginia was the case of Darcel Murphy. Murphy was facing life without parole when he was found innocent and released. His lawyers were Rich Johnson, Doug Ramser, and Matthew Engle. Matthew Engle presented the motion to strike that ultimately led to the Judge striking all charges.<ref>{{cite news|title=‘It’s just another person dead’: Fight to end Virginia’s death penalty gaining momentum|url=https://www.wsls.com/news/local/2021/02/02/its-just-another-person-dead-fight-to-end-virginias-death-penalty-gaining-momentum/|work=[[WSLS-TV]]|date=February 2, 2021}}</ref> ==Current status== The Commonwealth of Virginia has executed 113 offenders since 1976 and has just 2 remaining on death row as of January 2021.<ref>{{cite web|title=VIRGINIA'S EXECUTION HISTORY|url=https://www.vadp.org/dp-info/virginias-execution-history/|accessdate=June 4, 2017|publisher=vadp.org}}</ref><ref>{{Cite web|last=Hood|first=John|date=|title=Commonwealth’s Attorneys show support for bill removing death penalty in Virginia|url=https://www.nbc12.com/2021/01/15/commonwealths-attorneys-show-support-bill-removing-death-penalty-virginia/|url-status=live|archive-url=|archive-date=|access-date=2021-01-17|website=NBC 12|language=en-US}}</ref> ===Legal process=== When the prosecution seeks the death penalty, the sentence is decided by the [[jury]] and must be unanimous. In case of a [[Hung jury#Hung jury in death penalty trials|hung jury]] during the penalty phase of the trial, a life sentence is issued, even if a single juror opposed death (there is no retrial).<ref>{{cite web |title=§ 19.2-264.4. Sentence proceeding.|url=http://law.lis.virginia.gov/vacode/title19.2/chapter15/section19.2-264.4/ |publisher=law.lis.virginia.gov |accessdate=June 4, 2017}}</ref> Virginia is the state with the shortest time on average between death sentence and execution (less than 8 years). The [[Governor of Virginia|governor]] has the power of clemency with respect to death sentences.<ref>{{cite web |title=Article V. Executive; Section 12. Executive clemency|url=http://law.lis.virginia.gov/constitution/article5/section12/ |publisher=law.lis.virginia.gov |accessdate=June 4, 2017}}</ref> The method of execution is [[lethal injection]], unless the condemned requests [[Electric chair|electrocution]] instead.<ref>{{cite web |title=§ 53.1-234. Transfer of prisoner; how death sentence executed; who to be present. |url=http://law.lis.virginia.gov/vacode/title53.1/chapter13/section53.1-234/ |publisher=law.lis.virginia.gov |accessdate=June 4, 2017}}</ref> Since Governor [[George Allen (U.S. politician)|George Allen]] signed an executive order on the matter in 1994, relatives of the victim(s) in the case have the right to witness the execution. Relatives of the condemned inmate are barred from being present. State law specifies that at least six citizens who are not employees of the [[Virginia Department of Corrections|Department of Corrections]] must be present to serve as witnesses to the execution. ===Capital crimes=== Murder is the only crime for which one may be executed in Virginia. Under Virginia Criminal Code, capital murder is defined as "willful, deliberate, and premeditated" killing involving at least one of the following aggravating factors:<ref>Virginia Code § 18.2-31.</ref> #Be committed in the commission of abduction, when such abduction was committed with the intent to extort money or a pecuniary benefit or with the intent to defile the victim of such abduction; #Be committed for hire; #Be committed by a prisoner confined in a state or local correctional facility, or while in the custody of an employee thereof; #Be committed in the commission of robbery or attempted robbery; #Be committed in the commission of, or subsequent to, [[rape]] or attempted rape, forcible sodomy or attempted forcible sodomy or object sexual penetration; #Be committed against a law-enforcement officer, even of another state or of the federal government, when such killing is for the purpose of interfering with the performance of his official duties; #Be committed against more than one person as a part of the same act or transaction; #Be committed against more than one person within a three-year period; #Be committed in the commission of or attempted commission of drug trafficking; #Be committed pursuant to the direction or order of one who is engaged in a continuing criminal enterprise; #Be committed against a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman's pregnancy without a live birth; #Be committed against [[child murder|a person under the age of 14]] by a person age 21 or older; #Be committed in the commission of or attempted commission of an [[act of terrorism]]; #Be committed against a justice or judge when the killing is for the purpose of interfering with his official duties; #Be committed against a witness in a criminal case for the purpose of interfering with the person's duties in such case. ==See also== *[[List of people executed in Virginia]] *[[Crime in Virginia]] *[[Law of Virginia]] ==References== {{reflist}} ==External links== * [http://www.vadp.org/ Virginia death penalty information] from Virginians for Alternatives to the Death Penalty * [http://www.deathpenaltyinfo.org/article.php?scid=23&did=210#Virginia Summaries of Recent Poll Findings] from [[Death Penalty Information Center]] * [https://web.archive.org/web/20110714215738/http://www.nvdaily.com/news/images/feb09_1/execution_gurney.jpg Virginia execution chamber and gurney] * [https://web.archive.org/web/20100528123938/http://gallerydriver.com/Art/03ElectricChair.gif Virginia electric chair] * [http://www.richmond.com/news/virginia/people-executed-in-virginia-since/collection_716dec5c-dd99-11e6-8b7b-8731aa43994e.html#2 112 people executed in Virginia since 1982] {{CapPun-US}} [[Category:Capital punishment in Virginia| ]] [[Category:Capital punishment in the United States by state|Virginia]] [[Category:Crime in Virginia]] [[Category:Virginia law]]'