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    Document Summary
    - Report Published -

    Report Document No. 64

    Document Title
    Report on Murder by Lying in Wait as a Capital Offense

    Virginia State Crime Commission

    Enabling Authority
    30-158 (3.)

    Executive Summary
    In 2004, Delegate McDonnell made a request to the Virginia State Crime Commission for staff to study the idea of expanding Virginia’s capital murder statutes to include the concept of “lying in wait” or “ambush” as an aggravating factor that could be considered by juries.

    Because this proposed factor would be inconsistent with Virginia’s current capital murder scheme, and because the broad categories in current capital sentencing instructions already allow juries to consider whether a defendant carried out his crime by “lying in wait,” it was the recommendation of the Crime Commission not to modify any of Virginia’s capital murder statutes in this manner.