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available . .. but I don't think you can constitutionally mandate it."
Despite the constitutional problems of the Guest proposal for mandatory capital punishment, Del. Moncure said, “I would very much like to see that penalty authorized.”
Sen. Kenneth G. Miller (R-Harrisonburg) believes capital punishment for first offenders is extreme.
“My first impression is that it’s fine,” he said, “but that might be a little harsh.”
With an imperfect judicial system, Sen. Miller said there’s always the chance that the accused could be wrongly convicted.
“If someone’s put to death you can’t rectify that” if the person is later proved innocent of the charge. However, he said, “I wouldn’t have any qualms about the death penalty for the second offense” of selling hard drugs to minors.
Sen. Truban, the minority leader, also is concerned that once the switch has been thrown, there’s no turning back. “You pull that lever, buddy, and that’s it.”
For practical and moral reasons, Del. Kenneth R. Plum (D-Reston) said he would oppose the bill if it gets to the floor.
“Capital punishment hasn't been a deterrent to any crime,” he said.
Del. Guest said he anticipates opposition from some House members who reject the death penalty on principle alone.
“There are some who don’t believe capital punishment is a deterrent,” he said, “but I happen to believe it is.”
His goal is to take the profit out of drug dealing, or at least make the practice unattractive because of a severe or deadly penalty for getting convicted. If nothing else, the delegate would be pleased if the General Assembly approves life without parole for adults selling hard drugs to minors.
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