VADP

           "In 1979, during my first campaign for HOD [House of Delegates], I knew I'd be expected to state my position on the death penalty.  Uncertain at that time, I discussed the issue with persons whose opinions I respected: my mother, our minister, a Catholic woman of great judgment and intelligence, and one of my best friends, who is my attorney, active in my church and a mentor.  It was he who helped most in formulating a position.  Capital punishment is recognized in scripture as fitting in some situations.  My friends suggested that when a crime is so heinous, society would be better served if the perpetrator was removed, then the death penalty may be appropriate.  Further, he suggested that to genuinely believe it appropriate one should be willing to "pull the switch."  For years, in spite of questioning my own willingness to actually be the executioner, I have suggested several death penalty measures.  But with the emergence of DNA evidence and the sure knowledge that innocent persons have been executed - some even with eyewitness testimony, later disproved by DNA testing, I'm not so sure anymore.  Also, remembering Jesus' statement to the crowd about to stone the woman caught in adultery (John 8:7) - "He that is without sin among you, let him cast a stone at her."  Not that any of us has actually committed murder, but Jesus also said that we're guilty just thinking of it.  I'm reminded of a statement attributed to Clarence Darrow, the noted criminal attorney made famous by the Scopes Trial, "I've never really wished ill of anyone, but there have been times that I have read the obituaries with reasonable satisfaction."         

            But, back to capital punishment.  If one truly believes in the sanctity of life, does that include not just the unborn that usually is the subject of the issue, but all life?  Is it then appropriate to "snuff out" the life of another human - like stepping on a spider?  We, Virginians like to think of ourselves as conservative.  Conservative can be defined as resisting change or innovation or moderate, prudent, and cautious, but when we execute more people than any other state, (except perhaps Texas) is that conservative or reactionary?.  One can argue the cost to the state of life imprisonment without parole.  In response, I would suggest that it may be a wash when considering the cost of "endless" appeals after the death penalty has been pronounced.  Further, which is the worst punishment, to have one's life snuffed out quickly and perhaps painlessly, or to spend a lifetime behind bars, forced to live with and remember the crime?  Many lifers have turned their lives around and, even in prison; have become a force for good in the lives of others.  I do understand why those among us would seek "an eye for an eye and a tooth for a tooth" - that's Biblical too (Exodus 21:24) - but as the years have passed for me and I've become more thoughtful about these issues, rather than expand the list of capital crimes, it really would be the conservative position to reduce it with time and, upon further examination, perhaps eliminate capital punishment as several states have already done."

Expanding the Death Penalty Is Fiscally Irresponsible: by John W. Whitehead

              The Commonwealth of Virginia is in the throes of a massive budgetary crisis, with a current shortfall of just under $3 billion. As a result, a reduction in services, job losses and funding cuts for secondary and higher education are expected. Lawmakers, officials and state employees also face the difficult task of paring down their budgets in the face of dwindling financial support from the Commonwealth. As Delegate Terry G. Kilgore stated, "Everyone needs to be concentrating on the budget this year. The budget transcends everything."

Yet in the midst of this financial crisis, the Virginia legislature is expanding the death penalty, which will only further burden Virginia taxpayers. The various proposals to expand the death penalty include adding fire marshals, assistant fire marshals, auxiliary police officers, and uncompensated auxiliary police officers to the capital murder statute. One bill would also redefine the "triggerman rule," which says that only a person who pulls the trigger in a capital murder case is eligible for the death penalty, so that accomplices could also be eligible for the death penalty.

Unfortunately, as other states have learned to their detriment, expansive use of the death penalty only increases the financial burden upon state coffers-and taxpayers. In fact, studies in Maryland, North Carolina and Florida show that, due to the lengthy nature of death penalty trials and appeals, states incur costs far exceeding those of non-death penalty cases.  

Most recently, a Maryland commission charged with reviewing the state's capital punishment system concluded that "death penalty cases are more costly than non-death penalty cases" and recommended that the state discontinue executions in favor of the life-without-parole sentencing option. This echoes a New Jersey commission's 2007 finding concerning the prohibitive costs of capital punishment. For example, a Duke University study determined that North Carolina incurred $2.16 million per execution over the cost of condemning a convicted murderer to life in prison. (It bears noting that over the last 32 years, Virginia has executed 102 individuals. Assuming a comparable expense rate for the Commonwealth's executions, the cost of Virginia's state-sanctioned deaths comes in at $220 million total, or about $7 million per year.) 

In addition to the costs of the actual executions, one must also factor in the expenses associated with prosecuting capital punishment cases, which can take many years until the various avenues of appeal are exhausted. California counties, for example, spend an additional $1.1 million in prosecuting death penalty cases over standard murder trials, with the state committing an additional $117 million a year. The vast majority of these expenses are derived from providing public defenders for the accused during the long trial and appeal process, as well as attorneys for the prosecution and court costs. 

The Palm Beach Post found that the cost of death penalty cases in Florida far outstrips the price for standard-fare murder prosecutions. Indeed, the death penalty forces the state government to disburse $51 million more a year than it would if all capital punishment prosecutions instead sought a sentence of life without parole. As Elliott Metcalfe, president of the Florida Public Defenders Association, observed, "It is much cheaper to put these people in prison and leave them there until they die. Simple as that."

It's time to re-examine our priorities. For most Americans, that means keeping a roof over their heads, food on the table and ensuring that their taxpayer dollars are being used where they can do the most good. Thus, at a time when Virginia lawmakers are being forced to eliminate thousands of jobs, slash agencies' spending by 15 percent and trim $800 million from K-12 education and Medicaid programs for the indigent, elderly and disabled, the last thing our representatives need to be doing is adding to the tax burden by expanding the scope of the death penalty. 

            It's time to declare a temporary moratorium on the death penalty while a review commission can be formed to investigate the condition of the Commonwealth's death penalty system, both financially and legally. These actions will save the Commonwealth millions of dollars in the short term and also allow Virginians to make informed, responsible decisions regarding the death penalty in the long term.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book The Change Manifesto (Sourcebooks) is available in bookstores and online. He can be contacted at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Information about The Rutherford Institute is available at www.rutherford.org.

Del. Frank D. Hargrove Sr., R-Hanover (who sponsored a bill to abolish the death penalty every year) has retired. Hats off to Del. Hargrove for his service and dedication.