New Jersey Assembly Bill ACR14

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Proposes constitutional amendment to restore the death penalty under certain circumstances.

Impact

If enacted, ACR14 would significantly alter the landscape of capital punishment in New Jersey. It sets forth stricter criteria for imposing the death penalty, shifting the burden of proof and thereby enhancing the protections for the accused. Additionally, the amendment introduces specific time limits for death penalty appeals, requiring that the New Jersey Supreme Court complete its review within 150 days. Following an affirmation of a death sentence by the Supreme Court, the amendment restricts any post-conviction relief actions to one year post-certiorari decisions by the United States Supreme Court.

Summary

Assembly Concurrent Resolution No. 14 (ACR14) proposes a constitutional amendment to restore the death penalty in New Jersey under certain circumstances. This amendment arises from the legislative intent to re-establish capital punishment, which was abolished in 2007. The resolution mandates that a person can only be sentenced to death if the jury or court finds, without any doubt, that all aggravating factors weight more significantly than the mitigating factors associated with the case. This adjustment in the standard is designed as a safeguard to prevent wrongful convictions.

Contention

The proposed restoration of the death penalty and its surrounding guidelines has sparked debate within the state. Supporters argue that re-establishing capital punishment is necessary for the most heinous crimes and reflects public sentiment that leans toward punitive measures for violence. Conversely, opponents express concern over the possibilities of wrongful convictions and the inherent moral implications of the death penalty itself. By revising the threshold for sentencing, the debate over ensuring justice while maintaining humane treatment under the law continues at the forefront of legislative discussions.