New Jersey’s test for deciding whether the death penalty is imposeduniformly is unworkable because of the small number of cases reviewedand the unwieldy model used, a Supreme Court special master reported onTuesday.

The conclusion, reached after consultation with experts at the behestof the justices last Feb. 1 in State v. Loftin, 157 N.J. 253, is thatthe Court should repudiate the “index-of-outcomes” test devised bycourt-appointed statistician David Baldus a decade ago.

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