New Jersey Section 2C:11-2.1 – Elapse of time between assault and death, prosecution for criminal homicide
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New Jersey Law Allows Prosecution for Homicide Even if Death Occurs Years After Assault
New Jersey has a unique law that allows prosecutors to charge suspects with homicide even if the victim dies years after the original assault. This controversial law, known as Section 2C:11-2.1 of the New Jersey code, eliminates the normal time limitations for filing homicide charges.
Overview of the Law
Section 2C:11-2.1 states that criminal homicide charges can be filed “regardless of the length of time between the assault and the death of the victim.” This departs from the normal statute of limitations which requires prosecutors to file charges within 5 years of an alleged crime.
Under this law, if a victim dies – even decades later – from injuries sustained during an assault, the assailant can be criminally charged with homicide. The law applies to murder, manslaughter, and death by auto charges. It even covers cases where the original assault charges were dismissed or the defendant was acquitted.
Background and Legislative Intent
Section 2C:11-2.1 was enacted in New Jersey in 1997. It’s aim was to close a perceived loophole in the law that allowed those who severely assaulted victims to escape homicide charges if the victim survived the initial attack, but later died from their injuries.
For example, if someone was beaten into a coma and died 5 years later from those injuries, the attacker could not have been charged with homicide under the normal statute of limitations. This law sought to fix that problem.
The bill’s sponsors argued that an assailant should not be able to escape the most serious charges simply because medical technology allowed the victim to survive for a period of time before eventually succumbing to their wounds.
Controversies and Criticisms
While Section 2C:11-2.1 has allowed prosecutors to file homicide charges in many cold cases, it remains highly controversial. Defense attorneys and civil liberties groups criticize the law as overreaching and question its constitutionality.
Some key criticisms include:
- Lack of Fair Notice: Defendants have no way to know they could be charged with murder decades down the line, making it hard to preserve evidence and witnesses that could aid in their defense.
- Retroactive Application: The law allows charges even if the assault occurred prior to 1997 when the law was enacted. This raises ex post facto concerns.
- Weak Causation Standards: Critics argue the law does not require prosecutors to definitively prove the original injuries caused the later death, opening the door to abuse.
- Memory Reliability Concerns: Eyewitness testimony and witness memories fade over time, raising reliability questions in long-ago cases.
- Arbitrary Nature: The law creates inconsistent outcomes based on random factors like how long the victim happened to survive before dying.
While the New Jersey Supreme Court upheld the law in 2003, many legal scholars believe Section 2C:11-2.1 is likely unconstitutional and could still be overturned. The New Jersey Legislature has also tried and failed to repeal or amend the law in recent years.
Notable Cases Under Section 2C:11-2.1
Prosecutors have filed homicide charges in dozens of cold cases under Section 2C:11-2.1 over the past two decades. Some notable examples include:
- State v. Timmendequas (2004): Jesse Timmendequas was charged and convicted of murder when his 7-year-old victim, Megan Kanka, died in 1999 from injuries sustained during a 1994 sexual assault. This high-profile case helped lead to the passage of Megan’s Law.
- State v. Ambrose (2012): James Ambrose was convicted of the 2005 murder of Peter Holsten Sr., who died from pneumonia attributed to complications from a 1987 assault that left him in a coma for 9 years before his death.
- State v. Drury (2015): Edward Drury was charged with manslaughter after the man he assaulted in 2009 died in 2015 from seizure disorders prosecutors claimed stemmed from head trauma suffered in the attack. The case is still pending.
- State v. Lodzinski (2016): Michelle Lodzinski was indicted for the 1991 murder of her 5-year-old son Timothy Wiltsey after his remains were discovered in 2016 allowing prosecutors to link his death to Lodzinski. She was later convicted at trial.
The Future of Section 2C:11-2.1
The New Jersey Legislature continues to debate whether to repeal or amend Section 2C:11-2.1, but no changes have been enacted. The law remains intact over 25 years after passage, allowing prosecutors to continue filing homicide charges even decades after an assault occurred.
While proponents argue the law provides justice to victims, critics claim it is unconstitutional and flawed. The controversy over this unique New Jersey statute will likely continue as new cold cases emerge that test the boundaries of Section 2C:11-2.1.