Local political and religious leaders react to N.J. death penalty ban
By John Dunphy
Jan. 18, 2008

With Gov. Jon Corzine's signature on Dec. 17, New Jersey became the first state in more than four decades to ban capital punishment, replacing it with life in prison without parole.

Though there has not been an execution here since 1963, the abolishment has now spared the eight men who were on death row -- including Jesse Timmendequas, who killed 7-year-old Megan Kanka in 1994, leading to the establishment of "Megan's Law."

Despite their reprieves, Democratic Assemblyman William D. Payne (D-29) said he was "absolutely for the abolishment."

"The death penalty does nothing at all," he said. "It does not deter crimes. It's nothing but vengeance."

Payne noted the costs associated with keeping those sentenced to death in limbo, where endless appeals only served to add to the state's enormous debt.

His main position, however, "is I don't run the risk of executing any more innocent people."

Rabbi Laurence Malinger, of Temple Shalom in Aberdeen, agreed.

"There have been too many situations where people have been wrongfully convicted, or the evidence has not been 100 percent complete," Malinger said.

Rabbi David Bassous, of Congregation Etz Ahaim, in Highland Park, said, "It was never used anyway so it didn't make much difference."

"Some people were killed needlessly," Bassous added. "In a few cases, it was later found with DNA evidence they weren't guilty in the first place. It was just useless -- might as well abolish it."

Although Malinger noted written tradition acknowledges the death penalty in the sacred texts, "I also acknowledge rabbinically there were enough protective barriers put into place to ensure never killing an innocent person," he said. "I felt those same protections are not consistent in our current legal system."

Payne noted information provided by the Death Penalty Information Center had concluded that states where the death penalty was in place didn't necessarily show a drop in crime.

"In those states where they have it, there have been more murders than in other states," he noted.

"A new survey by the New York Times found that states without the death penalty have lower homicide rates than states with the death penalty," he said, according to information available at http://www.deathpenaltyinfo.org. "The Times reports that 10 of the 12 states without the death penalty have homicide rates below the national average, whereas half the states with the death penalty have homicide rates above."

Still, not everyone was for abolishment.

Senator Sean Kean (R-11), expressed his support for a death penalty that would be reserved for "the most heinous crimes that are proven in a court of law 'beyond any doubt.'"

"'Beyond any doubt' would replace 'beyond a reasonable doubt' for criminal convictions resulting in the death penalty," said the six-year member of the General Assembly who filled the senatorial seat this year vacated by Joseph Palaia. "The statute would define it but the courts would also have a lot of interpretation duties."

Kean said the issue of cost with regard to the death penalty was still uncertain.

"Studies have concluded different results," Kean said. "For instance, if we had a real death penalty, many individuals charged with murder would anxiously plead out to long sentences without the exhaustive appeal process we have now."

Presently, Kean said, those convicted of capital crimes have "no downside" to file appeal after appeal. "If they knew the death penalty was real, they might readily plea out to a lesser charge and not appeal."

While more Democrats voted in favor of the abolishment than Republicans, Kean said, "this issue cuts across party lines."

"I have complete confidence and respect for Chris Bateman, the Republican Assembly sponsor of the bill," he said. "Having said this, I respect both sides of the argument and it was not an easy decision."

Ultimately, Payne said the death penalty "doesn't bring back the victim."

"It doesn't deter murder," Payne said. "Are we looking for vengeance and therefore should kill somebody?"

With the abolishment of the death penalty now official, Rabbi Malinger said he is "honored to be a citizen of a very progressive state that did a responsible thing."

"We acknowledge that to protect an innocent life, there is a reasonable alternative," he said.