NCJ Number
25276
Journal
Criminal Justice Quarterly Volume: 2 Issue: 1 Dated: (WINTER 1974) Pages: 5-24
Date Published
1974
Length
20 pages
Annotation
A DISCUSSION OF THE CONSTITUTIONAL DECISIONS WHICH HAVE ABOLISHED CAPITAL PUNISHMENT IN MANY JURISDICTIONS AND THE FORMS IN WHICH CAPITAL PUNISHMENT MAY BE RESTORED, CONSISTENT WITH THESE CONSTITUTIONAL DECISIONS.
Abstract
THE HISTORY OF THE DEATH PENALTY IN ANGLO-AMERICAN JURISPRUDENCE IS FIRST REVIEWED. NEW JERSEY LAWS ON CAPITAL PUNISHMENT ARE THEN DISCUSSED, AND THE EFFECT THAT THE UNITED STATES SUPREME COURT DECISIONS CONCERNING CAPITAL PUNISHMENT HAVE HAD ON NEW JERSEY LAWS ARE DETAILED. THE AUTHOR STATES THAT IN ORDER TO REMAIN WITHIN THE BOUNDS SET BY THESE CONSTITUTIONAL DECISIONS, DEFENDANTS FACING CAPITAL CHARGES MUST NEVER BE ALLOWED TO EXCHANGE THEIR FIFTH AND SIXTH AMENDMENT RIGHTS TO PLEAD NOT GUILTY AND TO BE TRIED BEFORE A JURY OF THEIR PEERS FOR IMMUNITY FROM CAPITAL PUNISHMENT. HE CONTENDS THAT THEY MUST EITHER ALL BE TRIED, OR IF PLEAS ARE ALLOWED, FACE POSSIBLE IMPOSITION OF THE DEATH PENALTY EVEN AFTER WAIVING TRIAL. TWO POSSIBLE SYSTEMS FOR REINSTATING THE DEATH PENALTY ARE PROPOSED: MANDATORY DEATH SENTENCES FOR CAPITAL CRIMES, AND IMPOSING CONSISTENT AND EXPLICIT CONTROLS ON JURY DISCRETION WHEN DECIDING ON THE IMPOSITION OF THE DEATH PENALTY. THE ADVANTAGES AND DISADVANTAGES OF BOTH THESE SYSTEMS ARE REVIEWED.