| How to Obtain
Documents |
| |
| NCJ Number:
|
NCJ 100027
|
| Title:
|
Constitutionality of the Death Penalty in New Jersey
|
| Journal:
|
Rutgers Law Journal Volume:15 Issue:2 Dated:(Winter 1984) Pages:261-511
|
| Author(s):
|
E Devine ; M Feldman ; L Giles-Klein ; C A Ingram ; R F Williams
|
| Publication Date:
|
1984 |
| Pages:
|
246 |
| Type:
|
Legislation/policy analysis |
| Origin:
|
United States |
| Language:
|
English |
| 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. |
| Index Term(s):
|
Capital punishment ; State laws ; State supreme courts ; US Supreme Court decisions ; New Jersey |
| |
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=100027
|
* A link to the full-text document is provided whenever possible. For documents
not available online, a link to the publisher's web site is provided.
|
|
Help | Contact Us | Home
