New Jersey bans death penalty

New Jersey bans death penalty
By TOM HESTER Jr., Associated Press Writer
Mon Dec 17, 2:10 PM ET

TRENTON, N.J. - Gov. Jon S. Corzine signed into law Monday a measure that abolishes the death penalty, making New Jersey the first state in more than four decades to reject capital punishment.

The bill, approved last week by the state's Assembly and Senate, replaces the death sentence with life in prison without parole.

"This is a day of progress for us and for the millions of people across our nation and around the globe who reject the death penalty as a moral or practical response to the grievous, even heinous, crime of murder," Corzine said.

The measure spares eight men on the state's death row. On Sunday, Corzine signed orders commuting the sentences of those eight to life in prison without parole.

Among the eight spared is Jesse Timmendequas, a sex offender who murdered 7-year-old Megan Kanka in 1994. The case inspired Megan's Law, which requires law enforcement agencies to notify the public about convicted sex offenders living in their communities.

New Jersey reinstated the death penalty in 1982 — six years after the U.S. Supreme Court allowed states to resume executions — but it hasn't executed anyone since 1963.

The state's move is being hailed across the world as a historic victory against capital punishment. Rome plans to shine golden light on the Colosseum in support. Once the arena for deadly gladiator combat and executions, the Colosseum is now a symbol of the fight against the death penalty.

"The rest of America, and for that matter the entire world, is watching what we are doing here today," said Assemblyman Wilfredo Caraballo, a Democrat. "New Jersey is setting a precedent that I'm confident other states will follow."

The bill passed the Legislature largely along party lines, with controlling Democrats supporting the abolition and minority Republicans opposed. Republicans had sought to retain the death penalty for those who murder law enforcement officials, rape and murder children, and terrorists, but Democrats rejected that.

"It's simply a specious argument to say that, somehow, after six millennia of recorded history, the punishment no longer fits the crime," said Assemblyman Joseph Malone, a Republican.

Members of victims' families fought against the law.

"I will never forget how I've been abused by a state and a governor that was supposed to protect the innocent and enforce the laws," said Marilyn Flax, whose husband Irving was abducted and murdered in 1989 by death row inmate John Martini Sr.

Richard Kanka, Megan's father, noted Corzine signed the bill exactly 15 years to day that death row inmate Ambrose Harris kidnapped, raped and murdered 22-year-old artist Kristin Huggins of Lower Makefield, Pa..

"Just another slap in the face to the victims," Kanka said.

The last states to eliminate the death penalty were Iowa and West Virginia in 1965, according to the National Coalition to Abolish the Death Penalty.

The nation has executed 1,099 people since the U.S. Supreme Court reauthorized the death penalty in 1976. In 1999, 98 people were executed, the most since 1976; last year 53 people were executed, the lowest since 1996.

Other states have considered abolishing the death penalty recently, but none has advanced as far as New Jersey.

The nation's last execution was Sept. 25 in Texas. Since then, executions have been delayed pending a U.S. Supreme Court decision on whether execution through lethal injection violates the constitutional ban on cruel and unusual punishment.

I don't have an opinion one way or another on New Jersey, but if I'd have to guess I'd I'm for it. As for the Death Penalty, well, my opinion on that is a bit balanced also. On the one hand, I like the idea of putting mofos down for good when they've done some heinous shit... then again, I'd hate for innocent folks to die, 'cause the death penalty is kinda final.

Only shitty thing is, all the people sentenced for death in NJ are now going to get life in prison.

-HECK!

I doubt they executed many people to begin with. It's only Texas that has judges walking through shopping malls and giving people lethal injections willy-nilly.

Very true, but there were people who committed very horrible crimes, and for that they were sentenced to die by a jury of their peers. Legally and rightfully.

Now sweeping legislation says these people get to live the rest of their lives on a tax payer dollar.

If they are going to abolish the death penalty it should not be retroactive. That's why Manson is still alive in California, even though the death penalty was re-established.

-HECK!

I heard he's got cable TV. That's a pretty sweet deal. I'd start a cult if it means cable TV and free meals.

I agree with you, of course; a lot of criminals deserve to die rather than having society foot the bill. I mean, what kind of judge would sentence someone to death without being 100% sure (not even 99% sure) that it was them that commited the crime? A dumb one, that's for sure.

That being said, how many people does NJ execute a year? Article says none. Haven't executed anyone since '63. So at the end of the day... I've simply wasted 5 minutes of my life posting this topic and responding...

Well, there's no waste... always good to have a debate. Keep those brain cells firing.

Anyway, on paper I think you're right. No one executed in four decades. So it really makes no difference. Still, maybe it's just the justice that I feel is lost here.

-HECK!

Who would you put down as someone who deserves the death penalty?

I'd say mass murderers and serial killers.

Child rapists (not molesters, but someone who rapes a young child should definitely be up for this one).

I'd say those who qualify are a small percentage.

Well, ultimately it's not up to me. Again, jury of your peers.

That being said, I think there are shades of gray. You could say murder is murder, but what about the accidental manslaughter.

Each case is unique.

A serial killer, yes, zap them five minutes after the trial.

There are clear cut cases I think where you need to just dust people.

Multiple offenders in A-class felonies, I'll entertain that. These people who show the same behavior and aren't given life until they finally go over the edge, just end it.

-HECK!

Hm, sure, sure - that makes sense... constantly stabbing and robbing folks, stealing cars and raping goats and stuff, eventually you'll just say enough is enough.

Again, the severity and repitition come into play. So many different scenarios. A lot of them are clear cut.

Not to mention, this boils down to a jury sentencing a person to death for a crime (or crimes.) Now some lobbyists overturn the law and people who were supposed to pay the price for their crimes now will not face that penalty. What about the victims? They don't get justice and the criminal avoids penalty given to them.

You for or against the death penalty, by the way?

-HECK!

Got no opinion on it, really. 'slong as you're not killing people for protesting and shit like that, it's really not something I'll lose sleep over.

Don't think juries decide the sentence at all, they just come up with the verdict (yes, he's guilty of goat-fucking, or 'we the jury find the defendent innocent of fucking that goat'). Judge will pass sentencing, but I think juries can recommend a sentence.

Yes, true. Basically, the jury knows if they agree to convict the accused there is a sentencing reccomedation. Actually, that comes into play. If they know the death penalty is on the line, the jury may become deadlocked, even though they agree the accused is not guilty.

Judge or jury can do the sentencing. The justice system is a fickled arena.

But some kind of commie Russia group-hanging bullshit is and never should be tolerated.

Can be a slippery slope, but that's why it's so closely watched.

Without penalties though, wouldn't people committ crime with impunity? If there was no jail for robbing a bank, how would it sound?

-HECK!

But you know Australia hasn't got a death penalty and we haven't had a serial killer (maybe one) in probably 20 years. We had one mass shooting in the 90's, and I believe 2 in the 80's... and to be honest, we're pretty lenient on crime. I kind of don't get it.