5.6 Instructions Concerning Parole Eligibility

• Library: Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.)

5.6 INSTRUCTIONS CONCERNING PAROLE ELIGIBILITY

Section 19.2-264.4(A) provides that "[u]pon request of the defendant, a jury shall be instructed that for all Class 1 felony offenses committed after January 1, 1995, a defendant shall not be eligible for parole if sentenced to imprisonment for life."

Bell v. Commonwealth²⁰² is the Virginia Supreme Court's most extensive discussion of how trial courts are to properly instruct juries about the meaning of life imprisonment. Because of its importance, the court's analysis is set forth below in detail.

During the penalty phase deliberations, the jury inquired, "Understanding that imprisonment for life means no possibility of parole, is there any other way to be released from prison?" Recognizing that geriatric release is not available to a defendant convicted of capital murder, the court's proposed answer was, "No. Not when the Defendant has been convicted of capital murder."

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Bell agreed with this response, but the...