Are Virginia Capital Jurors Any Different from the Rest?

41 Pages Posted: 14 Nov 2002

See all articles by Stephen P. Garvey

Stephen P. Garvey

Cornell Law School

Paul Marcus

William & Mary Law School

Date Written: August 26, 2002


Next to Texas, no state has executed more capital defendants than Virginia. Moreover, the likelihood of a death sentence actually being carried out is greater in Virginia than it is elsewhere, while the length of time between the imposition of a death sentence and its actual execution is shorter. Virginia has thus earned a reputation among members of the defense bar as being among the worst of the death penalty states. Yet insofar as these facts about Virginia's death penalty relate primarily to the behavior of state and federal appellate courts, they suggest that what makes Virginia's death penalty unique is the way in which state and federal appeals courts superintend the capital appeals process in Virginia. Other participants in the system, such as jurors, are thus not necessarily implicated in Virginia's uniqueness.

We wanted to get a better sense of whether or not Virginia's death penalty might also be unique, due not only to the behavior of its state and federal appeals courts, but also to the behavior of its jurors. Accordingly, we used the Capital Jury Project (CJP) questionnaire to conduct lengthy and intensive interviews with sixteen jurors who sat on capital cases in Virginia. Comparing our results with results from CJP interviews with jurors in other states, we suggest that Virginia jurors are not unique. Virginia jurors appear to think and behave more or less like jurors in other states, and consequently, they display the same range of problems as do jurors in other states. Virginia jurors are thus as good or bad as other jurors, but our results do not suggest that they are significantly any different.

Suggested Citation

Garvey, Stephen P. and Marcus, Paul, Are Virginia Capital Jurors Any Different from the Rest? (August 26, 2002). William and Mary Law Review, Vol. 44, April 2003, Available at SSRN: or

Stephen P. Garvey (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-8589 (Phone)
607-255-7193 (Fax)

Paul Marcus

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)

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