Criminal Justice (Judges)

SCR 39 proposes a constitutional amendment to restore the death penalty in New Jersey for certain murder convictions. It would require the Legislature to create a law allowing the death penalty only when a jury (or judge without a jury) finds "no doubt" that aggravating factors outweigh mitigating factors - stricter than the prior "beyond reasonable doubt" standard. The amendment also sets deadlines: the state Supreme Court must rule on death penalty appeals within 150 days, and post-conviction appeals must be filed within one year after final U.S. Supreme Court review. This applies only to crimes committed after the amendment is approved by voters. The bill does not enact the death penalty itself but creates the constitutional framework for its potential future implementation.

This bill (S 2565) expands access to closed-circuit television testimony for victims and witnesses specifically in human trafficking cases. It allows courts to order such testimony after finding clear evidence that testifying in person would cause severe emotional distress, with safeguards ensuring the victim/witness testifies under oath, faces cross-examination, and their demeanor remains observable. The law permits victims, prosecutors, defendants, or judges to request this testimony, and includes special confidentiality rules for minors (under 18) regarding audio recordings of their testimony. This directly affects human trafficking victims and witnesses in New Jersey criminal trials, making it easier for them to participate without facing traumatic in-person courtroom settings.