In Re Waiver of Death Penalty

SUPREME COURT OF NEW JERSEY

Memorandum to: All Superior and County Court Judges Re: Waiver of the Death Penalty

The Supreme Court is concerned by the excessive amount of time required for the trial of murder cases where the prosecutor is not seeking the death penalty. It is cognizant of the fact that this situation results from the opinion of the Supreme Court in State v. Pontery, 19 N. J. 457, at page 468 (1955), where it was said by way of dictum:

“* * * Although the prosecutor had a right to waive the death penalty and so inform the jury, the jury nevertheless had the prerogative, if it…