In Trenton, the Superior Court of New Jersey Appellate...

In Trenton, the Superior Court of New Jersey Appellate Division, by unanimous decision, halted all executions in New Jersey, saying the state's regulations for lethal injection killings "appear to be arbitrary and unreasonable." The decision, written by Judge Sylvia Pressler, requires the New Jersey Department of Corrections (NJDOC) to further deliberate the regulations and to provide background support for their adoption, before a death sentence can be carried out. The Court's decision was issued in response to a challenge filed by New Jerseyans for a Death Penalty Moratorium (NJDPM), a grassroots group of some 200 affiliated nonprofit organizations statewide. NJDPM attorney, Kevin D. Walsh, on February 3, petitioned the court to throw out state regulations for capital punishment by lethal injection. Walsh contended that the NJDOC is unqualified to carry out required procedures, because it lacks the medical expertise and sufficient record to support the killing protocol. "The NJDOC did not demonstrate that it has the expertise to impose death in a manner consistent with society's standards of decency". The Court's remand requires the NJDOC "To obtain medical expertise to support its regulations ... In the meantime, however, we are satisfied that the regulations as a whole, may not be implemented by the carrying out of a death sentence." The Court also expressed doubt about the NJDOC's regulations that prohibit an inmate awaiting execution from contacting the media and prohibits witnesses from viewing all parts of an execution. The Court ordered the NJDOC to justify its decisions on those issues. 13 men currently await death at Trenton State Prison. Note: See the entire Court decision: http://www.judiciary.state.nj.us/opinions/aa0899-01.pdf