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New Jersey Section 2C:11-3b – Resentencing to term of life imprisonment.

New Jersey Law Allows Resentencing to Life for Certain Murder Convictions

New Jersey has a law, Section 2C:11-3b, that allows people convicted of murder to petition for resentencing to a term of life imprisonment instead of remaining sentenced to death. This law was passed in 2007 and modified the state’s death penalty law. It gives an opportunity for resentencing to some people on death row.

Background of the Law

New Jersey used to have the death penalty for certain murder convictions. But there was a lot of controversy around how it was applied. There were concerns that it was arbitrary or discriminatory in practice.In 2007, the New Jersey legislature passed a law abolishing the death penalty. But that didn’t change sentences for people already on death row. So they passed Section 2C:11-3b to allow resentencing for people previously sentenced to death.The law identifies a specific group of death row inmates who can apply for resentencing. It lays out the procedures and criteria for granting resentencing. The goal was to avoid unfairness by changing sentences for some but not others.

Who Can Apply for Resentencing

Section 2C:11-3b allows inmates to apply for resentencing if they meet certain criteria:

• They were sentenced to death prior to the law’s effective date in 2007.
• The murder conviction involved killing only one victim. (Certain multiple-victim murders are excluded.)
• There were no findings of major bodily assaults or torture in the crime.
• The inmate did not pay to have the victim murdered or hire a hitman.
• The inmate does not have a significant history of violent convictions.

So it targets people convicted under the old death penalty law. But it excludes extremely aggravated murders involving multiple victims, torture, or paid hitmen.

The Resentencing Process

An eligible inmate can petition the court to get resentenced to life imprisonment. This starts a process involving investigations and hearings.First, the inmate meets with an attorney to file the formal petition. Then the court orders an investigation by probation officers. They look into the inmate’s background, criminal record, and any mitigating factors.After that, there is a resentencing hearing. The court reviews the evidence and can consider new mitigating evidence. Victims and their families can provide testimony.To grant resentencing to life, the court must find “a preponderance of evidence” that the death penalty is disproportionate. It weighs aggravating and mitigating factors in the case.If resentencing is denied, the inmate can file an appeal. If granted, the court resentences the person to a term of life without parole.

Implications of the Resentencing Law

Section 2C:11-3b has impacted New Jersey’s criminal justice system in some important ways:

• It reduced the state’s death row population dramatically. When the law passed, there were over a dozen inmates with death sentences. Since then, courts have resentenced nearly all of them to life terms.
• It provided closure and removed uncertainty for victims’ families in these cases. Lengthy death penalty appeals were essentially replaced with final life sentences.
• It brought sentences in line with the post-2007 repeal of the death penalty in New Jersey. Allowing resentencing avoided unequal treatment for similar crimes.
• It gave certain inmates a chance to prove they did not deserve execution in the court’s judgment. Mitigating evidence could support resentencing.
• It did not commute any sentences fully or allow parole. Resentenced inmates are still serving life without release.

So the law achieved some fairness while upholding serious punishment for murder. But some criticize it as still too lenient for such crimes. Others argue it should apply more broadly.

Controversies and Criticisms

While Section 2C:11-3b resentenced most of New Jersey’s death row, some controversial issues remain:

• It does not allow resentencing for inmates who paid a hitman or committed multiple murders. But some argue they deserve similar consideration, despite those factors.
• The law did not change sentences for murder convicts given life without parole at trial. So people convicted after 2007 may serve longer terms than pre-2007 inmates who were resentenced.
• Victims’ rights groups say the law deprived families of justice expected from the original death sentence verdicts. They feel resentencing disregarded their desire to see capital punishment enforced.
• Prosecutors faced a heavier burden to defend original death sentences years later during resentencing proceedings. Whether sufficient evidence still existed was questioned.

Overall, the resentencing law remains contentious. But it achieved the goal of removing inmates from death row after repeal of the death penalty. How New Jersey continues to grapple with murder convictions and sentencing is an ongoing legal debate.