

But, while we may disagree on whether Virginia should have a death penalty, we should all agree that if it does, then the process must be fair and accurate. Unfortunately, Virginia falls short in the fairness and accuracy department. While the ACLU of Virginia has long noted concerns with Virginia’s administration of the death penalty, just last summer, the American Bar Association (ABA) published a report that cast further doubt on the ability of Virginia to ensure a fair and accurate application of its death penalty process. The report found “several areas of concern,” including concerns with:
- Law enforcement identification and interrogation procedures;
- The collection, preservation, and testing of DNA and other types of evidence;
- Varying standards and policies governing the decision of a prosecutor to seek the death penalty;
- Restrictive discovery rules (so defendants lack access to basic information necessary to prepare their defense);
- Inadequate funding for high quality legal representation for indigent defendants;
- Lack of meaningful habeas review:
- Confusing jury instructions;
- General patterns that race and ethnicity may affect the administration of the death penalty; and
- Inadequate protections to ensure that the Commonwealth does not execute [intellectually disabled] individuals (which the U.S. Supreme Court found unconstitutional in a case from Virginia).
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