Capital punishment in New Jersey

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Capital punishment in New Jersey is currently abolished, after Governor of New Jersey Jon Corzine signed a law repealing it in 2007. Before this, capital punishment was used and at least 361 people have been executed.

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Early history

Under a New Jersey law passed in 1713 that authorized slave punishment by burning at the stake, numerous individuals were so executed prior to the Revolution. [1] [2] [3] [4] [5] [6] [7]

It was in effect from 1982 to 2007, though no individuals were executed under the revised provision that covered cases of murder. At least 361 people have been officially executed in New Jersey (including the pre-Revolution Colony of New Jersey) starting with the execution of a slave named Tom for rape in 1690 and ending with the execution of Ralph Hudson for murder on January 22, 1963. The last execution for a crime other than murder was of Andrew Clark in 1872 for rape. The last woman executed was Margaret Meierhoffer in 1881. Except for a dozen slaves executed by burning in the early 18th century, executions in New Jersey were by hanging until 1906 and electrocution since then, with the exception of a single execution by hanging in 1909.

Following the 1963 execution, there were no executions prior to the 1972 ruling in Furman v. Georgia by the Supreme Court of the United States, which led to a de facto ban on executions nationwide until laws meeting the revised standards specified could be enacted. The Supreme Court ruled in 1976 in Gregg v. Georgia that revised statutes were constitutional, though New Jersey did not pass revised legislation until 1982 which included anyone who "purposely or knowingly causes death" or someone who "contracts for the murder". Under the 1982 statute, there were 228 capital trials. Of the 60 cases in which juries returned a verdict for capital punishment, 57 were overturned and eight inmates remained on death row (in some cases an overturned death sentence results in a sentencing retrial, and another death sentence). [8]

A series of bills was introduced in the Assembly in 1992 to make it harder for New Jersey courts to overturn death sentence convictions, including legislation that would prevent the introduction of evidence regarding the method used for capital punishment during trials, as part of an effort to close off "another avenue for overturning death-penalty sentences". [9] In May 1996, Assembly member Gary Stuhltrager criticized efforts to delay the imposition of the death penalty, saying "If you're going to have it, do it". [10]

2007 repeal

In December 2005, the New Jersey Senate passed a one-year moratorium on executions by the state, with a commission to determine that the system is efficient and equitable. [11] The measure was passed by the legislature on January 10, 2006. Governor of New Jersey Richard Codey signed the measure into law on January 12. [12] New Jersey became the first state to pass such a moratorium legislatively, rather than by executive order. Although New Jersey reinstated the death penalty in 1982, the state has not executed anyone since 1963. The abolition vote was recommended by a report from the New Jersey Death Penalty Study Commission. [13]

On December 17, 2007, following the passage of an abolition bill that passed in the General Assembly by a 4436 margin, Governor Jon Corzine signed the bill, making New Jersey the 14th state without a death penalty and the first state to abolish it by legislative action rather than by judicial decision since Gregg v. Georgia. [14]

All eight inmates on death row had their sentences subsequently commuted to life in prison without parole by Governor Corzine. The list included Jesse Timmendequas, whose rape and murder of his 7-year-old neighbor, Megan Kanka, led to the creation of Megan's Law. [15] Other inmates who had been on New Jersey's death row at the time of abolition were John Martini, who kidnapped and killed a Bergen County businessman, and Brian Wakefield, who beat and stabbed an Atlantic City couple and set their bodies on fire. [14]

See also

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned practice of killing a person as a punishment for a crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

<span class="mw-page-title-main">Capital punishment in the United Kingdom</span> History of the death penalty in the UK

Capital punishment in the United Kingdom predates the formation of the UK, having been used within the British Isles from ancient times until the second half of the 20th century. The last executions in the United Kingdom were by hanging, and took place in 1964; capital punishment for murder was suspended in 1965 and finally abolished in 1969. Although unused, the death penalty remained a legally defined punishment for certain offences such as treason until it was completely abolished in 1998; the last execution for treason took place in 1946. In 2004 the 13th Protocol to the European Convention on Human Rights became binding on the United Kingdom; it prohibits the restoration of the death penalty as long as the UK is a party to the convention.

<span class="mw-page-title-main">Capital punishment in the United States</span> Legal penalty in the United States

In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, like aggravated murder. Although it is a legal penalty in 27 states, 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. Along with Japan, South Korea, Taiwan, and Singapore, the United States is one of five advanced democracies and the only Western nation that applies the death penalty regularly. It is one of 54 countries worldwide applying it, and was the first to develop lethal injection as a method of execution, which has since been adopted by five other countries. The Philippines has since abolished executions, and Guatemala has done so for civil offenses, leaving the United States as one of four countries to still use this method. It is common practice for the condemned to be administered sedatives prior to execution, regardless of the method used.

<span class="mw-page-title-main">Capital punishment in Maryland</span>

Capital punishment was abolished via the legislative process on May 2, 2013, in the U.S. state of Maryland.

Capital punishment is one of two penalties for aggravated murder in the U.S. state of Oregon, with it being required by the Constitution of Oregon.

Capital punishment in Canada dates back to Canada's earliest history, including its period as a French colony and, after 1763, its time as a British colony. From 1867 to the elimination of the death penalty for murder on July 26, 1976, 1,481 people had been sentenced to death, and 710 had been executed. Of those executed, 697 were men and 13 were women. The only method used in Canada for capital punishment of civilians after the end of the French regime was hanging. The last execution in Canada was the double hanging of Arthur Lucas and Ronald Turpin on December 11, 1962, at Toronto's Don Jail. The military prescribed firing squad as the method of execution until 1999, although no military executions had been carried out since 1946.

Capital punishment is a legal penalty in the U.S. state of New Hampshire for persons convicted of capital murder prior to 30 May 2019, when it was abolished prospectively for future crimes.

<span class="mw-page-title-main">New York Conspiracy of 1741</span> Alleged plot by poor whites and slaves to overthrow New Yorks colonial government

The Conspiracy of 1741, also known as the Slave Insurrection of 1741, was a purported plot by slaves and poor whites in the British colony of New York in 1741 to revolt and level New York City with a series of fires. Historians disagree as to whether such a plot existed and, if there was one, its scale. During the court cases, the prosecution kept changing the grounds of accusation, ending with linking the insurrection to a "Popish" plot by Spaniards and other Catholics.

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Capital punishment in the Philippines specifically, the death penalty, as a form of state-sponsored repression, was introduced and widely practiced by the Spanish government in the Philippines. A substantial number of Filipino national martyrs like Mariano Gómez, José Burgos, and Jacinto Zamora, Thirteen Martyrs of Cavite, Thirteen Martyrs of Bagumbayan, Fifteen Martyrs of Bicol, Nineteen Martyrs of Aklan and Jose Rizal were executed by the Spanish government.

<span class="mw-page-title-main">Capital punishment in Russia</span> Overview of the state of capital punishment in Russia

Capital punishment is a legal penalty in Russia, but is not used due to a moratorium and no death sentences or executions have occurred since 2 August 1996. Russia has a moratorium implicitly established by President Boris Yeltsin in 1996, and explicitly established by the Constitutional Court of Russia in 1999 and reaffirmed in 2009.

<span class="mw-page-title-main">Capital punishment in Australia</span> History of the death penalty in Australia

Capital punishment in Australia was a form of punishment in Australia that has been abolished in all jurisdictions. Queensland abolished the death penalty in 1922. Tasmania did the same in 1968. The Commonwealth abolished the death penalty in 1973, with application also in the Australian Capital Territory and the Northern Territory. Victoria did so in 1975, South Australia in 1976, and Western Australia in 1984. New South Wales abolished the death penalty for murder in 1955, and for all crimes in 1985. In 2010, the Commonwealth Parliament passed legislation prohibiting the re-establishment of capital punishment by any state or territory. Australian law prohibits the extradition or deportation of a prisoner to another jurisdiction if they could be sentenced to death for any crime.

Capital punishment in Malaysia is a legal penalty in Malaysian law.

Capital punishment is a legal penalty in South Korea. As of December 2012, there were at least 60 people in South Korea on death row. The method of execution is hanging.

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Capital punishment has been abolished in Iowa since 1965. Forty-five men were executed by hanging in Iowa between 1834 and 1963 for crimes including murder, rape, and robbery.

Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.

Capital punishment in Malawi is a legal punishment for certain crimes. The country abolished the death penalty by a Malawian Supreme Court ruling in 2021, but it was soon reinstated. However, the country is currently under a death penalty moratorium, which has been in place since the latest execution in 1992.

Capital punishment in Lesotho is legal. However, despite not having any official death penalty moratorium in place, the country has not carried out any executions since the 1990s and is therefore considered de facto abolitionist.

References

  1. Papers and Proceedings of the Bergen County Historical Society (1907). United States: The Society. "In those days of severe punishments the penalty followed closely after conviction. On the tenth of January 1729 a slave named Prince was tried at Perth Amboy for murdering one William Cook and being found guilty was sentenced to be burned alive ... He was executed on the day appointed. In the year 1738 a negro belonging to Robert Hooper was burned at the stake at Rocky Hill for having killed a child of his overseer. On the fifth of July 1750 in a ravine just north of Perth Amboy two negroes were burned at the stake." ..."In Somerset County, New Jersey in the year 1744 a young negro was burnt alive for ravishing a white child about nine years old." See also Hearn, Daniel Allen. Legal Executions in New Jersey: A Comprehensive Registry, 1691-1963. United States, McFarland, 2005.
  2. Proceedings of the New Jersey Historical Society. United States, New Jersey Historical Society, 1909 ("Much cruelty was inflicted through fears of risings and rebellions on the part of the enslaved race. Their punishments were swift and signal. ... In Millstone in 1752 another was burned by Sheriff Van Doren who rode on his horse with a drawn sword between the spectators and the fire.")
  3. Theodore Thayer. As We Were: The Story of Old Elizabethtown By (Newark, N. J.: The New Jersey Historical Society, 1964.
  4. Romeyn, T. B. (1870). Historical Discourse Delivered on Occasion of the Re-opening and Dedication of the First Reformed (Dutch) Church, at Hackensack, N.J.: May 2, 1869. United States: Board of Publication, R.C.A. (Enslaved men Jack and Ben were burned "on the 5th of May, 1741" at the Yellow Point on the Hackensack River. ... The crime was that of firing seven barns.")
  5. Hodges, G. R. (2016). Slavery and Freedom Among Early American Workers. United Kingdom: Taylor & Francis.
  6. "The Freeholders records of Essex County the following: June 4 1741 Daniel Hansom sent his account of wood carted for burning two allowed [11 shillings]. Feb 23 1741 / 2 Hedden's account for wood to burn the negroes allowed [7 shillings]"
  7. Harry executed on 1731-12-14 in New Jersey (NJ); Jack (owner name: Kipp) executed on 1735-08-16 in New Jersey (NJ); Jack (owner name: Van Voorhyem) executed on 1741-05-05 in New Jersey (NJ); Ben (owner name: Van Horn) executed on 1741-05-05 in New Jersey (NJ); executed on 1744-05 in New Jersey (NJ).
  8. Staff. NEW JERSEY DEATH PENALTY STUDY COMMISSION REPORT Archived February 1, 2013, at the Wayback Machine , State of New Jersey, January 2007. Accessed June 13, 2010.
  9. King, Wayne. "Assembly Passes Bills Supporting Executions", The New York Times , May 1, 1992. Accessed June 12, 2010.
  10. Stewart, Barbara. "IN PERSON;Life and Death. It's a Living.", The New York Times , May 5, 1996. Accessed June 12, 2010.
  11. Solomon, Nancy. "New Jersey's Death Penalty Moratorium", National Public Radio , January 15, 2006. Accessed June 13, 2010.
  12. Codey Signs Bill Suspending Executions in New Jersey, New Jerseyans for Alternatives to the Death Penalty. press release dated January 12, 2006. Accessed June 13, 2010.
  13. Staff. New Jersey Death Penalty Study Commission Report Archived February 1, 2013, at the Wayback Machine , State of New Jersey, January 2007. Accessed June 13, 2010.
  14. 1 2 Richburg, Keith B. "N.J. Approves Abolition of Death Penalty; Corzine to Sign", The Washington Post , December 14, 2007. Accessed June 13, 2010.
  15. Mears, Bill. "New Jersey lawmakers vote to abolish death penalty", CNN , December 13, 2007. Accessed June 13, 2010.