In an election year in a state where the death penalty carries considerable appeal, the title of Kilgore’s bill alone may ensure passage. It may also ensure votes next November. Perhaps that’s the real purpose.
But conscientious lawmakers should think before acting.
First, Virginia’s “triggerman” statute is motivated by the belief that death should be reserved for the worst-of-the-worst. Moreover, there are already exceptions to the rule, allowing death sentences for non-triggermen in cases involving hired killings, terrorism and organized crime.
Second, there’s no reason to tamper with jury sentencing in capital cases. To begin with, only citizens who believe in the death penalty can serve on a jury in these cases. Those who don’t are scratched at the start of the trial. If prosecutors can’t convince a pro-death penalty jury that execution is justified, then there’s probably a good reason. When there’s a deadlock, the sentence is life in prison.
But Kilgore would allow shopping for a new jury when the old one doesn’t suit. That’s excessive in a system that already tilts in favor of the death penalty.
It’s disappointing that those aspiring to higher office in Virginia feel so routinely compelled to beef up their “tough-on-crime” credentials just before an election.
As Virginia’s top elected law enforcement official, Kilgore should be interested in more than just hiking the number of executions. His indifference to the need for reforms to protect against false conviction reflects poorly on his judgment.
That he pushes only one side of the equation exposes “The Death Penalty Enhancement Act” as an election-year sham.
To say nothing of the fact that Kilgore is essentially attacking Lt. Gov. Tim Kaine for his religious beliefs.