State v. Bey

The Court today continues the attempt, begun in State v. Ramseur, 106 N.J. 123 (1987), and State v. Biegenwald, 106 N.J. 13 (1987), to narrow by construction the reach of N.J.S.A. 2C:11-3 in order to make the application of the statute constitutional. For this attempt the Court is to be commended. I continue to believe, however, that the statute as drafted is invalid under our State Constitution, and that the Court’s construction of the statute has thus far failed to assure the reliability and consistency necessary to prevent the arbitrary infliction of the death penalty.

In State v. Ramseur,…