A defendant can escape the death penalty if he convinces a single juror that he is mentally retarded, a divided New Jersey Supreme Court ruled on Monday. In light of its finding that no unanimity is required, the majority altered its earlier view that retardation should be addressed in a separate proceeding, between the guilt and penalty phases. Instead, it should be decided during the penalty phase, the court said. That would allow a defendant as many as three chances to present mental retardation issues.
June 19, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A defendant can escape the death penalty if he convinces a single juror that he is mentally retarded, a divided New Jersey Supreme Court ruled on Monday.
The majority, in State v. Jimenez, A-75-2006, rejected prosecutors’ arguments that the jury must be unanimous. The court held per curiam that mental retardation is analogous to a mitigating factor, which the U.S. and New Jersey supreme courts have held does not need to be decided unanimously.
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