Lawmakers in the state of New Jersey have approved a bill abolishing the death penalty. It is proposed to replace the death penalty with life in prison without parole.The bill was passed by the Democrat run state assembly by a comfortable majority of 44 to 36 votes. The Senate had approved it by 21 to 16 votes earlier.The Democratic Governor Jon Corzine is expected to give his assent to the bill.
If the bill becomes law,New Jersey will become the first state to abolish the death penalty after the US Supreme Court reinstated it in 1976, after having abolished it four years earlier in 1972 on the ground that it was unconstitutional.
Presently the death penalty is on the statute books of 37 states including New Jersey. It is believed that once it becomes the law in New Jersey other states may follow. New Jersey has not executed anyone since 1963. The number of executions has been declining all over America, and there has been a de-facto moratorium on executions since the US Supreme Court announced that it would be considering a legal challenge against the use of lethal injections as being a cruel and unusual punishment.
The new law, once it comes into force will spare the lives of eight men on the state's death row.These men are convicted of some of the most sensational killings the state has witnessed. They include Jesse Timmendequas, a repeat sex offender convicted of the rape and murder of seven year old Megan Kanka in 1994.The case led to Megan's Law, which requires authorities to notify the public about convicted sex offenders living in their communities.These convicts will have the option to choose between execution and life in jail without parole within 60 days of the bill becoming law.
Opponents of the death penalty argue that it is barbaric and inhuman. They point out that the homicide rate in states having the death penalty is not noticeably different from the states which don't have it.Countries like Canada and many countries in Europe also don't have have the death penalty but still enjoy lower homicide rates than state's having the penalty.It is claimed that retaining the death penalty tarnishes the image of the US in such countries and in the past they have refused to extradite criminals to the US if it was felt that they may face the death penalty.Not only is execution considered more expensive than jailing someone for life , there is also the risk of executing an innocent man. With advances in DNA technology dozens of convicted murderers have been proved innocent in recent years.
These claims are bitterly contested by supporters of capital punishment.They claim it is the deterrent effect of such punishment which is behind the decline in violent crime in recent years.Besides, society has a right to make such people pay for their deeds. The cost of locking up a person for tens of years is also certain to exceed the cost of execution, they argue.Opinion polls on the subject are misleading as most of those polled have not been affected by extreme violence.It is unfair to consider the opinions of those who have not lost a loved one to violent crime. In fact they want it to be used more often.
Most of the opposition to the death penalty is due to the fact that convicts often spend tens of years on death row while their appeals are pending.Media reports of the mental torture such people undergo while awaiting execution is largely responsible for the calls to repeal capital punishment.It is also felt if justice was swifter and more certain, people may have a different opinion.There is no simple answer and the debate is likely to continue.