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.)

(See F. Green, Va. goes 20 months with­out a death ver­dict from a jury,” Richmond Times-Dispatch, November 14, 2009). See also Sentencing and Life Without Parole.

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