WHEREAS, the
New Jersey Death Penalty Act was signed into law by then Governor
Thomas H. Kean and became effective on August 6, 1982, fifteen years
ago; and
WHEREAS, in
the case of The State of New Jersey v. Thomas C. Ramseur, decided
March 5, 1987, the New Jersey State Supreme Court found that capital
punishment as set forth in the Death Penalty Act is constitutional;
and
WHEREAS, since
the time that the Death Penalty Act became effective forty-six murderers
have been sentenced to receive capital punishment; thirty have had
their convictions and/or their death sentences overturned by the
State courts; fourteen remain on death row at various stages of
the appellate process; and two have died while on death row; and
WHEREAS, the
State has yet to implement a sentence of capital punishment as imposed
by the jury system under the Death Penalty Act;
NOW, THEREFORE,
I, CHRISTINE TODD WHITMAN, by virtue of the authority vested in
me by the Constitution and by the Statutes of this State, do hereby
ORDER and DIRECT:
1. There
is hereby established a commission to be known as the Study Commission
on the Implementation of the Death Penalty (the "Commission")
to examine the death penalty process in New Jersey.
2. The Commission
shall identify areas in which the death penalty process in our
State can be improved, and shall, where appropriate, make specific
recommendations for change that would expedite the death penalty
process while ensuring that the death penalty is administered
in a just manner.
Among the
issues that the Commission shall address are:
(a) Whether,
and if so, in what manner, the appellate and post-conviction
relief process can be streamlined;
(b) Whether,
and if so, in what manner, the rules of evidence applicable
to the death penalty phase of a capital trial should be modified;
(c) Whether
a death penalty jury should be allowed to consider additional
aggravating factors, such as whether the victim was physically
or mentally impaired and whether the defendant has prior violent
convictions other than murder. Under current law, a jury making
a death penalty decision is not permitted to consider these
factors; and
(d) Any
other issues the Commission finds to be relevant to improving
the death penalty process in our State.
3. The Commission
shall consist of up to fifteen members including the Attorney
General or his designee; the Public Defender or her designee;
one Senator to be appointed by the Senate President; one Assemblymember
to be appointed by the Assembly Speaker; one public member to
be appointed by the Senate President; one public member to be
appointed by the Assembly Speaker; a county or assistant county
prosecutor to be appointed by the Governor; a crime victims' advocate
to be appointed by the Governor; a retired State judge to be appointed
by the Governor; and up to six members of the public, also to
be appointed by the Governor. The Governor shall designate a chair
from among the members of the Commission. The members shall serve
without compensation, but shall be reimbursed for necessary expenses
incurred in the performance of their duties subject to the availability
of funds therefor.
4. The Commission
shall organize and meet as soon as possible after the appointment
of its members. The chair shall appoint a secretary who need not
be a member of the Commission. Vacancies on the Commission shall
be filled in the same manner as the original appointment.
5. The Commission
is authorized to call upon any department, offices or agency of
State government to provide such information, resources or other
assistance deemed necessary to discharge its responsibilities
under this Order. Each department, officer, division and agency
of this State is hereby required to cooperate with the Commission
and to respond to such requests for information, personnel and
assistance as is necessary to accomplish the purposes of this
Order.
6. The Commission
shall file a report with the Governor and the Legislature with
its recommendations within six months after the first meeting
of the Commission.
7. This
Order shall take effect immediately.
GIVEN,
under my hand and seal
this 6th day of August in the Year
of Our Lord, One Thousand Nine
Hundred and Ninety-Seven, and
of the Independence of the United
States, the Two Hundred and Twenty-First.
/s/Christine
Todd Whitman
Governor
Attest:
/s/ Michael
P. Torpey
Chief Counsel to the Governor
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