Richmond Times-Dispatch -  12/11/01)

Virginia Commission Finds Death Penalty Applied Inconsistently

A study released by the Joint Legislative Audit Review Commission found that the death penalty in Virginia is applied more often in rural and suburban jurisdictions than in urban ones, even when the underlying crimes are similar. The study, which examined 160 of the 215 capital punishment eligible cases from 1995-1999, found that the death penalty was sought 45% of the time in suburban districts, 34% of the time in rural districts, and only 16% of the time in urban areas. "Can the disparate outcomes which flow from the proper exercise of prosecutorial discretion be accepted in a system where the ultimate sanction is execution?" asked the Commission. In addition, the study suggested that the Virginia Supreme Court was too narrow in deciding whether a death sentence was excessive or disproportionate. The Court has never found a case of excessive sentencing in the 119 cases that have come before it since 1977.