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Wednesday, February 25, 2009

Cuccinelli - Death Penalty Bill Opposed

From the WAPO:

RICHMOND, Feb. 24 -- The General Assembly once again passed a bill that would eliminate the triggerman rule, making criminals who participate in a murder eligible for the death penalty even if they didn't actually commit the killing.

And once again the governor has pledged to veto it.

But the vote on Tuesday has cast a spotlight on an unlikely opponent of expanding the use of the death penalty: Sen. Ken Cuccinelli II, a conservative law-and-order Republican from Fairfax County who hopes to become attorney general..............But Cuccinelli was the only Republican senator to vote against eliminating the triggerman rule.

This is very troubling to me because Cooch wants to be AG. The Virginia Sheriffs Association, the Virginia Association of Commonwealth's Attorneys, Virginia's Crime Commission, the Attorney General's Office, Attorney General Bob McDonnell, and Lt. Gov. Bill Bolling all supported this repeal. I guess a patent attorney thinks he is smarter than those supporters listed above.

Spanky wonders -  Prosecutor vs. Patent Attorney: Who's Best for GOP Attorney General?

Comments on "Cuccinelli - Death Penalty Bill Opposed"


Blogger Augusta Water Cooler said ... (9:42 AM) : 

This is very concerning to me, especially since I've supported Ken thus far and have even gone as far as contributing to his campaign. I'm going to email his campaign and ask for an explanation to this.


Blogger Salem Republicans said ... (2:57 PM) : 

I guess I'm now on the bandwagon with this ridiculously long post.


Blogger Cargosquid said ... (7:17 PM) : 

I think I understand why he opposes this change. Its actually a VERY CONSERVATIVE viewpoint, in that it restricts growth of governmental power....If 2 men rob a bank, and one man shoots the hostages, against the wishes of the other crook, is that 2nd man eligible for the death penalty? How do you prove conspiracy for this?

It is the murderer that has the choice all the way to the moment of the actual act that makes the act premeditated murder.
I believe that there are exceptions. Murder for hire is one that I believe should be death penalty.

While many, including myself, see a miscarriage of justice in that the Beltway snipers may not get the death penalty, I have a greater suspicion of the growth of prosecutorial power. It is incremental steps such as this that make good laws into bad laws.

Restricting the death penalty, in 99% of the cases, to the actual killer, enables the prosecution to concentrate capital charges on those that they can actually prove.

(I know that this opinion was disjointed. Hope you can get my meaning.)


Blogger Cargosquid said ... (7:18 PM) : 

By the way, what's Foster's opinion?


Blogger Carl Kilo said ... (7:53 PM) : 

Here are a couple out of state law blogs that address Cooch's argument.

My original post is here

And just remember, no matter what the case, they will have to prove the point beyond a shadow of doubt, then prove it again and again in appeals.
When every republican and some democrats vote for it and it is endorsed by The Virginia Sheriffs Association, the Virginia Association of Commonwealth's Attorneys, Virginia's Crime Commission, the Attorney General's Office, Attorney General Bob McDonnell, and Lt. Gov. Bill Bolling.......And when Tim Kaine vetoes this repeal is he making a conservative choice?


Blogger Salem Republicans said ... (8:12 PM) : 

Foster said in the Roanoke debate that he agrees with Brownlee, McDonnell, and the other Rs (besides Cuccinelli) on the issue.


Anonymous Loudoun Insider said ... (8:24 PM) : 

It's simple, Kilo - it's because Cuccinelli is THE ONLY REAL CONSERVATIVE IN VIRGINIA!

Of course that is dripping with sarcasm!

Cuccinelli is woefully out of touch on this with law and order Republicans and law enforcement. If Cuccinelli gets the RPV AG nomination, most law enforcement endorsements will go to the Democrat, Steve Shannon.


Blogger Carl Kilo said ... (9:02 PM) : 

I believe that with all my heart LI.


Anonymous Rtwng Extrmst said ... (9:07 PM) : 

Augusta, you asked, here's the truth, from Ken himself:

"So you have the information yourself, I have always been a supporter of Virginia's death penalty law. In the Senate, I have consistently fought against Democrats' efforts to impose a death penalty moratorium - and I have opposed efforts to allow endless appeals in death penalty cases.

As a State Senator, I have voted to extend the death penalty to people who murder trial witnesses, judges and law enforcement officers. And as your Attorney General, I am committed to upholding the death penalty verdicts of our juries and will work to defend and strengthen our capital punishment law from intrusions and attempts by the left to derail it.

I also have supported and will continue to support the death penalty under the current exceptions to the "triggerman rule" for (1) terrorism (including the beltway sniper case), (2) murder for hire, and (3) criminal enterprises/gangs. However, there have been legislative attempts to completely eliminate the triggerman rule, which I believe would be too broad an expansion. That's the only expansion of the death penalty that I have ever opposed, while supporting other expansions and always defending our current death penalty statute."

Brownlee is soft-pedaling Ken's support of the exceptions to the Triggerman Rule that actually allowed Muhammad to be tried for murder with the death penalty as punishment. He makes it sound like Ken supports the original Triggerman Rule and opposes these common-sense exceptions. Ken's is a principled position that supports both law and order and the sanctity of human life.


Blogger Charlie Fugate said ... (10:28 PM) : 

What remains hidden in the background of these discussions about triggerman rule etc, is the fact that the nominating process is a Convention. It is has been long established that the delegates to a GOP convention tend to be more conservative than the typical GOP primary voter. That's why, when the dust settles, Ken Cuccinelli will be the RPV's nominee for Attorney General. The movement conservatives all back Cuccinelli, Morton Blackwell, Kevin Gentry and a considerable number of the state central committee have endorsed Ken. I will attempt to stay above the fray,with only this to say. I'll support the GOP nominee, whoever it may be.


Blogger Carl Kilo said ... (7:51 AM) : 

Nominating Cooch is electing Shannon....Bottom line.


Anonymous Anonymous said ... (10:04 AM) : 

Another reason to support John Brownlee

Only Brownlee is willing to pledge that he will support Bill Bolling for Governor in 2013 and not run against him.


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