The Death Penalty in the OSCE Area–Background Paper 2021 noted the racist history of the death penalty and referred to a case where a man had almost been executed for a crime he did not commit before being exonerated.16 The well documented realities of racial disparities and wrongful convictions were also highlighted by politicians in Virginia.17 Moreover, prosecutors (who are elected) were influential in progressing criminal justice reform, emphasising in a letter that the death penalty is not evenly applied across Virginia jurisdictions and juries’ increasing reluctance to hand down death sentences.18 At the same time, the broader political context at the national level can also heavily influence abolition processes. In Virginia, a newly elected majority, in control of the General Assembly for a second year, and its support for the implementation of progressive criminal justice policies was consistently described as an important factor in the abolition effort.19 The murder of George Floyd, the subsequent Black Lives Matter protests and the support of a progressive and popular governor, allowed the goal of abolition to be achieved quicker than expected, since criminal justice reforms became a priority.20 The death penalty was abolished on 5 February 2021. As in many American states, Virginia had already seen a sharp decline in new death sentences and executions in the lead up to abolition. There had not been a new death sentence since 2011.21 According to numerous sources, this was largely due to the establishment of state-funded “capital defence offices” that ensured that there were highly qualified attorneys to represent capital defendants.22 These were set up following a State Supreme Court ruling in 2000 that noted changes were necessary to improve capital defence.23 Research has shown that professional legal representation 16 Liliana Segura, The long shadow of Virginia’s Death Penalty, The Intercept, 11 April 2021. 17 Death Penalty Information Centre, Enduring Injustice: the Persistence of Racial Discrimination in the U.S. Death Penalty, 15 September 2020. 18 Death Penalty Information Center, Twenty-One Virginia Prosecutors Sign Letter Urging Repeal of Death Penalty, 4 February 2021. The letter was signed by former Attorney General Mark L. Earley, Sr., who had presided over 36 executions during 13 years in office, William G. Broaddus, nine current or former Commonwealth’s Attorneys elected across the state, and 12 other former homicide prosecutors. The letter was also signed by Amy Ashworth, the newly elected Commonwealth’s Attorney in Prince William County, historically one of the most active death penalty jurisdictions in Virginia. 19 AP News, Virginia lawmakers vote to abolish the death penalty, 23 February 2021; Interview with Joseph T. Flood, op. cit., note 15. 20 Interview with Michael E. Stone, Executive Director of Virginians for Alternatives to the Death Penalty, 28 May 2021. 21 Liliana Segura, The long shadow of Virginia’s Death Penalty, The Intercept, 11 April 2011. 22 Interview with Michael E. Stone, op. cit., note 20; Interview with Joseph T. Flood, op. cit., note 15. 23 The General Assembly created regional Capital Representational Centers in 2002. 15

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