Senator Gerald Cardinale (R-Bergen) introduced a proposed constitutional amendment this week which would reinstate the death penalty for the most violent crimes. The crimes include the murder of a law enforcement official, terrorism resulting in death and a child rapist who murders his victims.
“The Legislature erred when it voted to eliminate the death penalty for the most heinous crimes,” Cardinale stated. “Those who murder cops, kill children during the commission of a sexual assault, and terrorists clearly deserve the harshest penalty.”
The bill would amend Article I paragraph 12 and Article VI section II of the State Constitution to reinstate capital punishment. Senate Concurrent Resolution 87 is designated as the Respect for the Majority of New Jersey Voters Amendment.
“The well respected Quinnipiac University poll indicates that nearly 78% of New Jersey residents believe that capital punishment should be available for the most violent offenders,” Cardinale continued.
The bill will create new criteria for the imposition of the death penalty. The proposed legislation would replace the reasonable doubt standard that was used for years with the standard of no lingering doubt in the penalty phase of capital cases.
“It is prudent to replace the reasonable doubt standard with a more rigorous burden of proof,” Cardinale said. “We must remove all doubt as to the guilt of the defendant when applying the death penalty. But let’s be clear no one has argued that our recent death row inhabitants didn’t do the crime.”
The proposed constitutional amendment would also establish deadlines shortening the appeals process. In all capital cases the automatic appeal to the New Jersey Supreme Court and the proportionality review would be required to be filed within 150 days of the certification of the case by the trial court. Additionally, no new procedural appeals would be permitted after one year from the date that the United States Supreme Court refuses to hear the case or take other final action. The proposed amendment would not limit any appeals filed at any time on the grounds that the defendant is innocent.
“It is clear that the majority of New Jersey residents want to us to retain the option of capital punishment for the most vicious cases. The Legislature and the Governor should not ignore the will of the electorate. We must reinstate the death penalty for these extreme cases,” Cardinale concluded.
Link to Post:
Similar Posts:
- Kyrillos: Keep Death Penalty for Most Heinous Crimes
December 10, 2007 - Lance: Certain Crimes Warrant Capital Punishment
December 3, 2007 - Abolishing Death Penalty Will Make State A More Dangerous Place
November 9, 2007 - Cardinale & Blecker: Capital Punishment Serves Justice
November 21, 2007 - Beck Bill Broadens Victims’ Rights
June 5, 2008
