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can be any discretion by the court or jury between convicting a person of a certain, specified crime which automatically carries the death penalty or given an acquittal in the case; that is, it is questionable as to whether there can be any discretion as to punishment or conviction other than the conviction of the crime carrying the death penalty or no conviction and punishment at all.
THIS decision voided the death penalty laws of nearly every state in the union and many of these laws had been in effect from the very beginnings of the legal systems in this country. I strongly disagree with the U.S. Supreme Court on this question but that decision is the reason that Virginia must now provide a mandatory death penalty upon conviction of certain crimes or have no death penaltv at all.
In 1974, I voted for a bill which would have provided for the death penalty for certain heinous crimes but this bill was defeated as a result of the disagreement of the House of Delegates and the Senate over the crimes for which the death penalty was to be specified. In this session, I hope that no such
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