Executing Accomplices
The Facts on Executing Accomplices:
“Redefining the Triggerman Rule”
Vote NO on SB 7 & HB 502
 
What is the “triggerman rule”?
The current statute already provides that all individuals that take a direct part in inflicting fatal injuries can be prosecuted for capital murder and are eligible for the death penalty but that accessories and principals in the second degree can be punished only as if guilty of first degree murder.
 
How would this legislation change current law?
SB 7 and HB 502 would allow principals in the second degree and accessories before the fact to be charged with capital murder and eligible for the death penalty.
 
Why is this legislation Unnecessary and Excessive?
-         Under the current Code of Virginia [18.2-31.], there are already 15 “predicate crimes” underlying the definition of capital murder and all are specific to the type of crime that must be committed to make an individual eligible for capital murder.
-         Crimes that have been deemed heinous enough by the Commonwealth to deserve the death penalty where the perpetrator is not the “triggerman” have been clearly defined in the Code of Virginia.  These include capital murder for hire, murder in the commission of or attempted commission of an act of terrorism, and murder involving a continuing criminal enterprise.
-         Previous expansions to the death penalty have been specific and narrow in scope.
 
Why would this be Dangerous to the Capital Justice System?
-         Redefining the “triggerman rule” is a vastly different type of definition than those described above that is exceedingly broad which would lead to less clarity within the statute and issues in application. 
-         The already capricious application of the death penalty regarding both race and geography would be significantly enhanced.
-         This would substantially increase the number of individuals who are eligible for the death penalty.  At 105, Virginia is already only second to Texas in the number of executions carried out since 1976. 
 
What would be the Cost to the Commonwealth?
-         By its nature, this legislation will only apply to co-defendants, and so the capital defenders will be unable to work on any of these cases because of the conflict.  With capital defenders offices not able to represent individuals covered under this expansion, private attorneys will need to be appointed which will result in additional costs.  
-         Numerous states have conducted studies that have repeatedly shown the death penalty to be more expensive than life in prison without the possibility of parole. 
-         In MARYLAND, a recent study found that it costs:
o       $1.1 million to prosecute a capital eligible case in which the death penalty is not sought.
o       $1.8 million to prosecute a capital-eligible case in which prosecutors unsuccessfully sought the death penalty
o       $3 million to prosecute a capital-eligible case resulting in the death penalty (Urban Institute, The Cost of the Death Penalty in Maryland, March 2008)
-         Eliminating the triggerman rule would increase the number of capital-eligible cases which, if the death penalty is sought in those cases, would increase the financial burden on the Commonwealth.
-         With Virginia facing a major budget shortfall, the Commonwealth should not expand the death penalty and take funding away from critical programs.
 
 
 
 
 
 
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