State v. Muhammad

The opinion of the Court was delivered by

GARIBALDI, J.

At issue in this appeal is whether the New Jersey victim impact statute, N.J.S.A. 2C:ll-3c(6), is constitutional under the Federal and State Constitutions. We hold that the victim impact statute is constitutional under both Constitutions.

I

Defendant is charged with the kidnapping, rape, and murder of an eight-year-old child, Jakiyah McClain. On the afternoon of April 1, 1995, Jakiyah received permission from her mother to visit a friend, Ah-Tavia Maxey, who lived only a few blocks away. *31Jakiyah arrived at her Mend’s apartment between 4:00…