Legal Opinion
State v. Funicello
Supreme Court of New Jersey
Decided January 17, 1972PublishedCited by 96 opinions
1Opinion of the Court
Pee Ctjeiam.
On April 8, 1968 the United States Supreme Court held the federal kidnapping statute unconstitutional insofar as it authorized the death penalty. United States v. Jackson, 390 U. S. 570, 88 S. Ct. 1209, 20 L. Ed. 2d 138 (1968). The statute was construed to mean that the death penalty could be imposed only by a jury verdict, so that if a defendant waived his Sixth Amendment right to trial by jury, he would suffer no penalty beyond life imprisonment. Thus construed, the statute was held to violate the right to trial by jury. The Court also found the statute “needlessly encouraged” a…
2Cases cited15 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Brady v. United StatesSupreme Court of the United States · 1970
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- United States v. JacksonSupreme Court of the United States · 1968
- Parker v. North CarolinaSupreme Court of the United States · 1970
10 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- State v. RamseurSupreme Court of New Jersey · 1987
- Corbitt v. New JerseySupreme Court of the United States · 1978
- In Re HerrmannSupreme Court of New Jersey · 2007
- State v. MaguireSupreme Court of New Jersey · 1980
- State v. DavisSupreme Court of New Jersey · 1989
91 more not listed; retrieve them via the Exa API.