NCJ Number
100027
Journal
Rutgers Law Journal Volume: 15 Issue: 2 Dated: (Winter 1984) Pages: 261-511
Date Published
1984
Length
246 pages
Annotation
This article examines the constitutionality of the death penalty in the context of State constitutional law, using New Jersey as a focal point because challenges to the State's 1982 law reinstating capital punishment are now before the New Jersey Supreme Court.
Abstract
Following a historical review of the death penalty in New Jersey, the paper describes the shifting minimum Federal constitutional standards for imposing the death penalty as set forth by the U.S. Supreme Court in major post-Furman cases. A discussion of the evolution of independent State constitutional doctrine concludes that, due to institutional factors differentiating State and Federal courts, U.S. Supreme Court interpretations of the Federal constitution may be inappropriate guides for States. The paper then addresses two major stages in a capital trial: prosecutorial discretion in the charging process and constitutional challenges to the death qualification of juries. In conclusion, the authors argue that provisions in the New Jersey constitution which protect human dignity and autonomy and prohibit cruel and unusual punishment require the State to demonstrate a compelling need to impose the death penalty beyond mere revenge or retribution. Tables, 87 footnotes, and text of 1982 death penalty law.