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I disagree with this decision which takes away the flexibility of the law in Virginia and most states which had been in effect for many years and which provided that for certain offenses the death penalty may be imposed but was not mandatory. This has created the problem of how states ought to provide for the death penalty in murder cases.
The greatest deterrent to crime is the swiftness and certainty of punishment and the punishment must fit the crime. Virginia and the nation are still experiencing substantial rises in the number of violent crimes committed — murder committed in connection with other crimes, such as kidnappings, rapes, and armed robberies and multiple murders, as well as assaults committed with the use of deadly weapons. Surely the punishment for these crimes must be severe and certain.
The trial procedures and rules of evidence and law in criminal cases is one of the weakest links in our crime control laws. Un
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