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New Jersey Senate Passes Death Penalty Moratorium

By Jeralyn, Section Death Penalty
Posted on Thu Dec 15, 2005 at 03:41:27 PM EST
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The New Jersey Senate today passed a one year moratorium on the death penalty.

A co-sponsor, Sen. Robert J. Martin, R-Morris and Passaic, noted that 50 of the 60 death sentences imposed since the penalty was reinstated in 1982 have been overturned. "Something is fundamentally flawed with that statute," Martin said.

If passed, New Jersey will be the first state in the modern era to legislatively enact a moratorium. Maryland and Illinois have imposed moratoriums based on executive orders. More details:

The state has 10 men on death row. The bill the Senate will consider would create a death penalty study commission to scrutinize the state's death penalty law, particularly whether it is applied fairly, its costs, whether it is a deterrent to crime and if it should be abolished. The commission would complete its work by Nov. 15, 2006. In the meantime, a moratorium would be imposed on all state executions until at least 60 days after the commission finishes its work.

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    • New Jersey Senate Passes Death Penalty Moratorium | 12 comments (12 topical)
    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#1)
    by Al on Sat Dec 17, 2005 at 01:07:04 PM EST
    Way to go, New Jersey. It will be very interesting to see what the commission's conclusions are, especially regarding the question of whether the death penalty is a deterrent of crime.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:04 PM EST
    It will be very interesting to see what the commission's conclusions are, especially regarding the question of whether the death penalty is a deterrent of crime.
    Yes, it will be interesting. I'm from Illinois, and since the reinstatement of the death penalty, we've had 13 overturned convictions to 12 executions. Hopefully more wrongfully imprisoned inmates on death row will be exonarated (as a shameless plug, I also recommend reading No Equal Justice. It's a great book examining race in regards to the death penalty and other parts of the CJ system).

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:04 PM EST
    More is posted over at at the Abolish the Death Penalty blog

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#4)
    by pigwiggle on Sat Dec 17, 2005 at 01:07:04 PM EST
    “scrutinize the state's death penalty law, particularly whether it is applied fairly, its costs, whether it is a deterrent to crime and if it should be abolished.”
    Certainly, the first two are reasonable concerns; even-handed application and cost. But why should we care if the execution of justice is a deterrent to crime? This is about an attempt, even if symbolic, at making the victim whole, right? I suppose this goes to the heart of the distinction between the criminal and civil systems, as I see them anyway. The criminal system at its heart is less about real justice and more about the authority of the state; penance to the crown (or rather, usefulness to the state). Because, you know, when I own your a$$ after you have murder one of my loved ones I’m not thinking to much about making an example.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:07:04 PM EST
    Pigwiggle: Murder victims' family members lead the charge in NJ in getting the moratorium. Something like a third to half of the executive board of the organization leading the charge there have lost a family member to homicide. It isn't about making murder victim family members whole, it is about politicians wanting to run for reelection. In NJ politician of both parties overwhelmingly (and one account has a vote total slightly larger than TL's vote tally in favor of the bill) of late have been rejecting the politics as usual mentality and have been saying what is best for NJ. The NJ Senate said today that the death penalty may not be what is best for the Garden State.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#6)
    by scarshapedstar on Sat Dec 17, 2005 at 01:07:04 PM EST
    50 of the 60 death sentences imposed since the penalty was reinstated in 1982 have been overturned.
    When more innocent people die than guilty ones, that's not justice, that's a massacre.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#7)
    by jen on Sat Dec 17, 2005 at 01:07:04 PM EST
    Pigwiggle Death penalty advocates usually (or at least used to) cite deterrence as a big reason in favor. Death penalty opponents care because we have to argue against them.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#8)
    by pigwiggle on Sat Dec 17, 2005 at 01:07:04 PM EST
    “Murder victims' family members lead the charge in NJ in getting the moratorium.”
    Either way there isn’t a choice. And a few victims’ families can’t speak for all victims’ families.
    “Death penalty opponents care because we have to argue against them.”
    It’s a waste of time to argue peripheral or irrelevant points. Unless you subscribe to the premise.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#9)
    by pigwiggle on Sat Dec 17, 2005 at 01:07:04 PM EST
    When more innocent people die than guilty ones, that's not justice, that's a massacre.
    Your assumption is that the sentences were overturned because of innocence, and further, that the same proportion is represented at execution. Your cited figure could just as well be spun to show the efficacy of the appeals process and the fairness of the actual executions.

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#10)
    by jen on Sat Dec 17, 2005 at 01:07:04 PM EST
    It’s a waste of time to argue peripheral or irrelevant points. Unless you subscribe to the premise.
    It only becomes peripheral once it gets disproved

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#11)
    by phat on Sat Dec 17, 2005 at 01:07:07 PM EST
    This is great news. As for victims families. I've spoken to quite a few family members of victims of homicide and they are not universally in favor of the death penalty. I would suggest you read what Bud Welch, and Renny Cushing have to say about the death penalty. Check out Murder Victims Families for Human Rights phat

    Re: New Jersey Senate Passes Death Penalty Morator (none / 0) (#12)
    by Johnny on Sat Dec 17, 2005 at 01:07:07 PM EST
    Why does New Jersey love murderers?

    New Jersey Senate Passes Death Penalty Moratorium | 12 comments (12 topical)