Triggerman Passes Again
Local Delegate Todd Gilbert has managed to usher through (once again) a bill that would eliminate the triggerman rule. From the Washington Times:
Mr. Gilbert and Mr. Obenshain have said Virginia’s triggerman rule is unfair because it holds only one person responsible for a crime in which others are equally involved.
The other bills are needed, Republicans said, to protect different types of law enforcement officers who may be targeted by killers.
Democrats argued against expanding the death penalty at a time when many states are moving away from the practice. A report last year showed that new death sentences were at a three-decade low and that the number of people executed was the lowest in nearly 15 years.
Here’s the short story on the Triggerman Rule. The triggerman rule holds that only those who actually commit a crime can be given the ultimate sanction though others may be equally involved in ordering commission of the crime. This rule became particularly important in the case of the Beltway Sniper, where John Allen Muhammad was clearly culpable for the spree of terror in ordering Lee Boyd Malvo to pull the trigger.
Unfortunately, Democrats are standing in the way of expanding the death penalty (although the bill did garner the support of many moderate Democrats, passing 73-25). One particularly amusing comment came from the always entertaining Joe Morrissey (a disbarred lawyer and thus legal expert):
“We are getting away from the initial intent, to only execute for the most heinous crimes,” said Delegate Joseph Morrissey, Henrico Democrat.
Right now, prosecutors can seek the death penalty only if a crime meets one of 15 criteria. Those include killing someone during a rape or killing a witness to interfere with a case.
Mr. Morrissey reminded his colleagues that more than 100 death-row inmates have been exonerated because of DNA evidence. He warned that expanding capital punishment could make it more likely that an innocent person is put to death.
Here’s the problem with that logic. John Allen Muhammed was clearly culpable in the Beltway Sniper shootings. He reigned terror not only upon Northern Virginia but his accomplice as well. This crime would not be proven through DNA–there would be a very high barrier that would need to be proven via psychological evidence. It would have the same barrier of any death penalty sentence–12 good men and women, tried and true. Yes, there are certainly problems with DNA evidence–however, in this particular instance, there is no need for DNA is this particular extension of the death penalty.
Human error will always plague the justice system. Though we may have one of the finest and fairest systems of justice in the world, the players are always human and can make mistakes. However, these same characters are capable of great evil–prosecutors need the tools to ensure those who choose to use their human potential for evil can be given the highest sentence. This provision is not sought out lightly–it is designed to ensure justice for the victims of some of the most heinous figures in crime.
However, since the vote is about 3 short of an override in the Senate, it looks like the bill will fail once again.
Just another reason to work hard for Bob McDonnell for Governor.
