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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

New Jersey Senate to Vote on Death Penalty Abolition

Today, December 10, 2007, the New Jersey Senate will vote on a bill (Senate Bill 171) to replace the death penalty with the sentence of life without parole. Earlier, the New Jersey Death Penalty Study Commission held extensive public hearings that culminated in a report calling for an end to the death penalty. The Commission consisted of a wide range of perspectives, including law enforcement, victims, and attorneys. Some of the key findings of the report included:

- Abolition of the death penalty will eliminate the risk of disproportionality in capital sentencing.

- The penological interest in executing a small number of persons guilty of murder is not sufficiently compelling to justify the risk of making an irreversible mistake.

- The alternative of life imprisonment in a maximum security institution without the possibility of parole would sufficiently ensure public safety and address other legitimate social and penological interests, including the interests of the families of murder victims.

The New Jersey Assembly is expected to vote on a similar bill (Assembly Bill 3716) on December 13, and Governor Jon Corzine will sign the bill if it passes both houses. The bill would make New Jersey the first state to legislatively abolish the death penalty since the U.S. Supreme Court reinstated the death penalty in 1976.

Read the New Jersey Death Penalty Study Commission report here.

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