RICHMOND, Va. – The death penalty is in a long, slow decline in Virginia and nationally, according to opinion polls and how often it's being used.
Robert Dunham, executive director of the Death Penalty Information Center, says surveys show support for the death sentence is at a 40-year low, and last year saw the lowest number of executions in two decades.
Dunham says people are seeing practical problems with putting people to death, including the costs and botched executions. There also has been what he calls an innocence revolution – a wave of death row inmates later proven not guilty.
"DNA has shown people have gone to death row who clearly didn't commit the offense,” Dunham points out. “Innocent people are being convicted. There are false confessions. There are fabricated confessions. That's causing people concern."
Death penalty supporters argue harsh justice is a deterrent to crime.
Although Virginia executed Alfredo Prieto a month ago, the number of executions in the state has fallen sharply. Dunham says Virginia used to have one of the highest execution rates, until a court decision that changed jury instructions reduced the number of death sentences by three-quarters.
Dunham explains there used to be the misconception that if a capital convict was not executed, he or she could eventually be released on parole.
But he says court rules were changed so that juries would be informed that a life sentence would really mean life behind bars.
"Immediately when the juries were told that their sentencing option was life without possibility of parole and death, as opposed to just life or death, the rate of death sentencing dropped dramatically," he explains.
One Virginia death row inmate was exonerated and then pardoned in 2000. The state has also had complex problems getting the drugs used for lethal injections.
Dunham says FBI figures, confirmed by several studies, show the death penalty doesn't deter crime in any measurable way.
"There actually is no demonstrable effect at all,” he stresses. “In fact, murder rates are higher in states that have the death penalty than in states that don't have the death penalty."
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New data shows incarceration has ballooned in Kentucky's rural counties, and less populated regions are building more jails.
The findings come from an analysis of jail-offenses data by the nonprofit Prison Policy Initiative. Wanda Bertram, a communications strategist for the organization, said small towns and counties pour a huge amount of public resources into arrests for minor offenses. She added that those same counties are doubling down on policing and prosecution policies.
"Incarceration is a costly business," she said. "It is extremely destabilizing for people who go to jail, and it may or may not actually do anything to improve public safety."
The average county in Kentucky had about 12,000 people incarcerated in 2019. That number has decreased to around 10,000 in 2024, according to the Kentucky Association of Counties.
Across the country, Bertram said, most counties see jails as a place to hold people charged with low-level offenses or misdemeanors.
"Two thirds of people are being held on charges that did not involve physical violence against another person," she said.
According to federal data from 2023, 20% of people in jails were held for misdemeanors. According to the Jail Data Initiative, the actual number of people in jails that year for non-violent offenses is closer to 35%.
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More than 60 Pennsylvania counties do not have enough public defenders for their caseloads, forcing some, including in Erie County, to each handle more than 400 cases a year.
A report by Quattrone Center at the University of Pennsylvania said the state needs more than 1,200 full-time public defenders but has about 850.
Sara Jacobson, executive director of the Public Defender Association of Pennsylvania, said the state was one of only two providing no funding for public defense but $7.5 million was allocated in the last two state budgets. Jacobson acknowledged it has helped, although spread across 67 counties, it is not enough to make real change in places like Erie County.
"Erie got in 2023-2024 a little over $102,000. The second appropriation: $106,723," Jacobson pointed out. "The problem is that when you add the cost of an attorney's salary and benefits, the money that's there is not enough when it gets divided up."
The report found Erie County would need 28 full-time attorneys to handle the large caseload but currently has nine full-time and eight part-time attorneys. At a recent news conference, Clinton County Commissioner Jeff Snyder said the state's allocation of funding for indigent defense would have to double, to $15 million a year to handle the growing need.
Jacobson noted heavy caseloads cause delays, both for public defenders and clients. She added prior to the pandemic, Erie County had top public defender pay but now, some attorneys are leaving for better-paying work in the Erie conflict office.
"Conflict Counsel in Erie County gets paid more and has a far lower caseload," Jacobson explained. "Every time someone leaves, their 400 or however many cases have to be distributed among the other lawyers. So those caseloads go up and the service to those clients goes down because of it."
Jacobson cited a Vanderbilt Law School study, which found each exoneration for a wrongful conviction costs a state $6.1 million. With at least 140 exonerations, it adds up to $856 million in costs for Pennsylvania.
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Indiana lawmakers continue to debate THC rules while surrounding states move forward with marijuana legalization.
Senate Bill 478 targets packaging and branding rules for legal THC products sold to people 21 and older. Lawmakers want to prevent the products from mimicking candy or snacks, which might appeal to minors. The bill would require testing and stricter packaging for craft hemp flower and other THC items.
Rep. Jake Teshka, R-North Liberty, sponsored the bill.
"This market right now is the wild, wild West," Teshka contended. "I think what this bill attempts to do is to ensure that the safety of Hoosier youth and Hoosier consumers comes first and primary in our efforts to regulate this product."
Delta 8, Delta 9 and Delta 10 products-chemicals with THC levels under 0.3% remain legal in Indiana and often appear in gas stations, smoke shops and dispensaries. Committee members provided input for possible changes to the bill and recessed before acting but plan to reconvene soon.
Although marijuana sales remain illegal in Indiana, nearby states allow both recreational and medical use. Across the country, nearly 40 states allow medical marijuana and 24 permit recreational sales.
Rep. Timothy Wesco, R-Osceola, said in conference committee Monday the current bill offers far too many permits.
"In the future, if there are additional permits needed we could always come back and increase that number of permits," Wesco argued. "But the 20,000 is essentially more than 200 locations per county in our state on average, and I think is far too accessible and available."
The House has passed two amendments to the bill this session. One limits sales near schools and another changes the definition of e-liquids.
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