Legal

Death Penalty Facing Execution In New Jersey

pO157.

Posted to Legal on Fri Jan 19, 2007 at 02:46:08 PM EST (promoted by 1fastdog). RSS.

A new report has been released by a special government commission in New Jersey fueling the debate over a punishment that has not been used since 1963. The report, coupled with the fact that the state has its first anti-death penalty governor since 1982 and a potentially sympathetic legislature could mean that NJ could soon become the 13th state without the sentence.

The report (pdf) suggests removing the death penalty and replacing it with "the alternative of life imprisonment in a maximum security institution without the possibility of parole," as it would "sufficiently ensure public safety and address other legitimate social and penological interests, including the interests of the families of murder victims." They suggest removing the death penalty from sentencing options provided to a jury for a myriad of reasons, including:
•Life in prison is cheaper.
•Life in prison removes the state from a debate over the potential disproportionate application of the ultimate penalty.
•Life in prison is a mistake that can be reversed.
•The Death Penalty may no longer be morally justifiable.

One dissenting voice on the commission, is former state Sen. John F. Russo, who was responsible for drawing up New Jersey's death penalty statute when it was reinstituted back in 1982.

He conceded the law may need to be abolished if it continues to be administered as it has since 1982, but wrote the law isn’t the problem. “But I believe that the fundamental problem is not the statute, but rather liberal judges and other individuals who have consistently disregarded the legislative will and refused to enforce the law as written”
Of course, one group has not been polled as to their opinion on this issue, but it can be inferred that the 9 denizens of the NJ Capital Sentence Unit have strong feelings on this topic.

Tags: written by pO157, edited by 1fastdog, prison, death penalty, lethal injection, New Jersey, jail, corrections, criminal law (all tags)

This story: 2 comments (6 from subqueue)
Post a Comment
1

This is the way to go...

port1080.

Sat Jan 20, 2007 at 10:34:25 AM EST

none

I think it's interesting that the death penalty in the US is going out with not a bang but a whimper...individual states are having fewer and fewer executions each year as jurors become less willing to recommend the death penalty, and thus it is becoming more popular for state legislatures to restrict its use further or ban it outright.  That's what federalism is all about - giving states choices.  I would like to see the death penalty go the way of the rack and the public stocks, but a national ban (particularly if done by the Supreme Court in some sort of deus ex machina ruling) would provoke the same sort of reaction that Roe v. Wade did, and indeed would probably reinvigorate the pro-death penalty cause.  I laud the effort of state activists, but I also hope that national level activists are willing to lay off for a bit (or at least, support a state by state approach) so we can give federalism a chance to work its magic.

Ce n'est pas une pipe. C'est une signature.

2

Re: Death Penalty Facing Execution In New Jersey

pO157.

Sat Jan 20, 2007 at 03:23:50 PM EST

none

This brings to mind an interesting case that happened on the NJ Death Row.

One inmate, triple murderer Robert Mudman Simon, was on death row for killing a cop while being on parole for another murder, died on NJ death row after many years. Not from the needle, but rather after becoming involved in an altercation with another death row inmate who subsequently turned his head turned into 2" cube (last famous inmate note). His lawyers did a rather good job representing him, and although the beatdown was caught on the prison security tape and many guards and inmates witnessed it, the cranium cubing was ruled self defense and the jury acquitted him of all charges.

Sounds like even if NJ techincally remains a death penalty state all of the glitches will eventually fix themselves, Milton Waddams-esque.

I don't own a gun; my ancestors were Quakers!

This story: 2 comments (6 from subqueue)
Post a Comment