Life Without Parole

Death Sentences Have Become Rare in Virginia

Virginia has not had a death verdict from a jury since March 2008, the longest stretch of time without a death verdict since the death penalty was reinstated in the 1970s.  Nationally, there has also been a decline in death sentences:  according to the Bureau of Justice Statistics, there were 115 death sentences in 2007, 65% less than the 326 that were handed down in 1995. In Virginia, part of this decline might be attributed to a change in state law made effective in 1995 that eliminated the possibility of parole with a life sentence.  Scott Sunby, professor of law at Washington and Lee University, said he believes that this decline can also be attributed to the rising cost of winning death sentences, more effective defense lawyers, and a dwindling public desire for capital punishment. (There are currently 14 prisoners on Virginia's death row; in 1995 there were 55 inmates on the row.  Virginia is second to Texas in the number of executions carried out since 1976.)

Death Sentences Declining in Texas

Inmates added to Texas death row by year:

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Death sentences have dropped significantly over the last few years in Texas according to a study by the Fort Worth Star-Telegram. The number of death sentences is at a 35-year low as prosecutors have pushed for fewer death sentences and juries have become less willing to impose them. Since 2005, defendants may receive a sentence of life without parole instead of the death penalty. Before this change, the only alternative to the death penalty in Texas was a life sentence with eligiblity for parole after 40 years, or even less in earlier years. Since the introduction of life without parole, death sentences in Texas have dropped 40 percent compared with the four years prior. Texas had 13 death sentences in 2008, and 9 so far this year. Ten years ago, Texas sentenced 47 defendants to death.

"With life without parole being a viable option now, [juries] feel a lot more comfortable that that person is not going to be let out back into society," said Tarrant County District Attorney Joe Shannon. "We are probably waiving the death penalty more times than we used to because we’re trying to forecast the outcome of the case. . . .It doesn’t translate to dollar bills. It translates into uses of limited resources."

NEW VOICES: 'Zachary's Law' Case Settles with a Life Sentence; Victim's Family Given Finality

Todd Snider, the father of Zachary Snider, who was killed at age 10 by Christopher Stevens in Indiana, accepted final resolution of the case against Stevens when a settlement was reached for a sentence of life without parole. “Our family has suffered enough and would like for this to be resolved once and for all," Mr. Snider said about the life sentence. "This will give our family finality. Chris Stevens will die in prison and will never have the opportunity to destroy people's lives again."  The 1993 murder led to the passage of Zachary’s Law, creating Indiana's sex offender registry.  Stevens was originally sentenced to death, but the sentence was overturned in 2007 because Stevens' attorneys had not adequately presented evidence of the defendant's mental illness.  Putnam County Prosecutor Tim Bookwalter said he “believe[s] it was probable that another jury would have given Mr. Stevens the death penalty, but it would have caused the Sniders to go through a lengthy jury trial, and then if convicted, a new set of appeals could have gone on another 10 years. With the plea, this case is over. There are no more appeals and the Sniders should never have to deal with Stevens again."

NEW RESOURCES: State Instructions for Juries Regarding Life Without Parole Sentences in Capital Cases

In all states that use the death penalty, there are provisions for sentencing inmates to the alternative sentence of life without parole (LWOP).  Prior to the U.S. Supreme Court's ruling in Simmons v. South Carolina (1994), some states with LWOP did not inform the jury of this alternative even when so requested by the defense.  Today, states apply a variety of conditions and use differing instructions to inform the jury about this alternative sentence.  Opinion polls and surveys of capital jurors have shown how important this alternative is in death penalty cases.  Thanks to the research of Emma Reynolds of Drexel Law School and Intern at the Philadelphia Federal Defender, Capital Habeas Unit, we are able to offer a summary of how states handle this key issue.  Her paper, "Survey of Life Without Parole Instructions in Death Penalty States," provides the relevant statute and information about jury instructions in each death penalty state.  As with any legal research, it would be important to research any changes in the law before using this information (e.g., New Mexico has now abolished the death penalty and replaced the sentence with LWOP). The table of statutes and instructions is provided in both pdf and Excel format:

Survey of Life Without Parole Instructions in Death Penalty States (pdf)

Survey of Life Without Parole Instructions in Death Penalty States (Excel).

Oklahoma Governor Commutes Death Sentence at Juror's and Parole Board's Request

Oklahoma Governor Brad Henry commuted the death sentence of Kevin Young to life in prison without parole on July 24. Henry stated, "This was a very difficult decision and one that I did not take lightly." He explained that, "after reviewing all of the evidence and hearing from both prosecutors and defense attorneys, I decided the Pardon and Parole Board made a proper recommendation to provide clemency and commute the death sentence." This is only the second time the Governor has granted clemency since taking office.

Execution Stayed Because Jurors May Have Been Misinformed about Life Sentence

Oklahoma Governor Brad Henry granted a 30-day stay of execution for Kevin Young who was scheduled to die on July 22. The Oklahoma Pardon and Parole Board recommended clemency for Young a week earlier after hearing tape recorded statements from jurors stating that they hadn’t wanted to give Young the death sentence but didn’t receive clarification when they asked whether he would be eligible for parole if he was sentenced to life without parole. One juror explained, “We felt that the crime did not warrant the death penalty.

STUDIES: Ohio Prosecutors Increasingly Seeking Life Without Parole Instead of Death Penalty

According to a new study by the Associated Press, there has been a sharp drop in the use of the death penalty in Ohio as prosecutors are taking advantage of a new law allowing them to seek a sentence of life without parole without first pursuing the death penalty. The sentence of life without parole used to be only an option for jurors weighing an alternative to a death sentence.

STUDIES: Ohio Prosecutors Increasingly Seeking Life Without Parole Instead of Death Penalty

According to a new study by the Associated Press, there has been a sharp drop in the use of the death penalty in Ohio as prosecutors are taking advantage of a new law allowing them to seek a sentence of life without parole without first pursuing the death penalty. The sentence of life without parole used to be only an option for jurors weighing an alternative to a death sentence.

Ohio Prosecutors Seeking Life Without Parole Instead of Death Penalty

Ohio prosecutors are taking advantage  of their new option of life without parole, seeking it much more often than the death penalty.  The life sentence without the possibility of parole used to only be an option for jurors weighing an alternative to a death sentence.  “Prosecutors around Ohio, citing the ability to pursue harsh punishment without going through the complication and expense of a death penalty case are starting to take advantage of the 2005 law,” and the “number of death penalty indictments sought statewide dropped 32 percent from 2004 to 2007.”  Clermont County Prosecutor Don W

Police Chief Given Life after Victim's Family Speaks Against Death Sentence

A former Pennsylvania police chief was sentenced to life without parole on June 20, 2008, for the murder of his 31-year old ex-wife after the victim's family spoke against a death sentence at the penalty hearing. The district attorney had planned to seek the death penalty against Richard Curran, just as he had for every murder case in the last 13 years. However, Bonnie Smith, the victim’s mother, testified at the penalty phase that her family wanted him to be given life in prison.
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