Jim Gilmore on Crime Senate challenger 2008; previously Republican Governor (VA)

Reformed the juvenile justice system as attorney general

Endorsed by four County sheriffs

Declined to intervene in execution of Bobby Lee Ramdass

As a result of crimes committed during this robbery, Ramdass was convicted of capital murder, robbery, and illegal use of a firearm in the commission of the murder, and was sentenced to death. The convictions and death sentence were upheld on multiple appeals including Ramdass’ most recent habeas corpus petition concerning his right to a jury instruction on parole ineligibility, which the Supreme Court denied on June 12, 2000.

Upon a thorough review of the Petition for Clemency, the numerous court decisions regarding this case, and the circumstances of this matter, I decline to intervene.

Executed foreign national despite international protests

The principle that a judge in Virginia can thumb his nose at The Hague with impunity is a very American one. The death penalty enjoys the support of a majority of Virginians and James Gilmore, the state’s governor, was acting in the tradition of the Declaration of Independence. Gilmore argued that “a stay of execution would have the practical effect of transferring responsibility from the courts of the Commonwealth and the US to the international court.”

Three strikes eligibility no grounds for stay of execution

A: As governor, the review of each capital case is one of my more weighty responsibilities. Be assured that I examine each case on its individual merits. If the law is not permitted to be enforced, what do we have left, except the rule of the strong over the weak? I have not yet reached any conclusions regarding that case.

Gov. Gilmore issued a press release on the Ramdass case on Oct. 10, 2000, concluding, “Upon a thorough review of the Petition for Clemency, the numerous court decisions regarding this case, and the circumstances of this matter, I decline to intervene.” Bobby Lee Ramdass was executed December 6, 2000 by Lethal Injection.

Death penalty sets standard to not tolerate ghastly murders

A: Where a legitimate issue of innocence exists [in capital cases], I will not hesitate to order new tests or to examine new evidence. Innocent people are not being executed in the US, largely because of the thorough system of trial and review by the courts and review by the executive branch up until the day of execution. No moratorium is called for in Virginia. I support the death penalty because it sets a standard that says that we will not tolerate these ghastly murders that not only kill people, but destroy families forever. Efforts to undermine the rule of law threaten the destruction of civilization itself.

[Russel Burket was executed on Aug. 30. Derek Barnabei was executed on Sept. 14.]

Supports flexible federal block grants for crime programs.

The Issue

The major crime issues for the 107th Congress will be:
• reauthorization of the juvenile justice program, which established a block grant to states for prevention and delinquency intervention programs;
• reauthorization of programs in the 1994 crime bill, including the state criminal alien assistance program (SCAAP), a reimbursement program to state and local governments for housing illegal alien prisoners;
• the state prison grants program, formally known as the Violent Offender Incarceration/Truth-in-Sentencing (VOI/TIS) grant program, [where states receive funds based on increasing the percentage of prison sentences actually served]; and
• the Byrne block grant program, a flexible block grant that states use for innovative crime and illegal drug fighting programs.

NGA’s Position

• NGA policy calls for reauthorization of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) and supports the underlying principles of the act. However, NGA wants some flexibility in the core requirements, e.g., allowing some accidental contact between adults and juveniles; expanding the hours before removal from 24 hours to 48 hours; holding certain incorrigible juveniles in detention; and relaxing the disproportionate minority confinement record keeping process. The Governors urge maximum flexibility to implement the spirit and purpose of the act.
• The Governors support authorization of the juvenile accountability incentive block grant (JAIBG) program.
• The Governors also support reauthorization of SCAAP and seek to raise the reimbursement ratio.
• For the Byrne block grant program, NGA seeks to continue the current program with flexibility.
• For the state prison grants program, NGA seeks to abolish all requirements and have more flexibility, with the state designating the offender population to be served.