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State v. Biegenwald3/5/1987
e doubt. This statement of intent by the Legislature that it is "clarifying" a previous law is obviously not dispositive. Nevertheless, when combined with the testimony before the Senate Judiciary Committee, it constitutes persuasive support for this construction.
A provision of our Code of Criminal Justice designed to assure fairness among similarly situated defendants with respect to changes introduced by the Code supports our conclusion that especially in capital cases the equities require like procedural treatment among death-eligible defendants. While not directly applicable, this provision, N.J.S.A. 2C:1-1c(1), is instructive. It provides:
In any case pending on or initiated after the effective date of the code involving an offense committed prior to such date. . . . he procedural provisions of the code shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay. . . .
While this provision was intended to accomplish justice in those cases that were pending when the Code of Criminal Justice was enacted by applying the Code's procedural provisions where appropriate, it also signifies generally a legislative intention to give the benefit of new laws where possible, and where just, to those who are charged under old laws.
The legislative intent regarding retroactive operation of the amendment is somewhat clouded by the fact that both the Senate and Assembly Judiciary Committees' Statements that accompanied the release of Senate Bill 950, which included numerous other amendments to the Act, indicated that the provisions were not intended to be retrospective or "to affect cases now on appeal." See supra note 12. The force of that declaration is diminished, however, by the fact that the same Statements contain language clearly directing that this portion of its provisions ("aggravating factors [must] outweigh beyond a reasonable doubt all of the mitigating factors") is intended to clarify the original version of the Act.
Ultimately our determination is based on fundamental fairness, a determination we believe the Legislature would share. The Act, from the date of its introduction to this very day, has been in a state of reevaluation, revision, and analysis. Chapter 178 of the Laws of 1985 has effected what probably will turn out to be the most substantial revision, but in fact there have been even later revisions and there are bills still pending for further revision. The Legislature has apparently finally determined
that in order for death to be imposed, the State must prove beyond a reasonable doubt that the aggravating factors outweigh the mitigating factors. Given the relatively short period of time that has transpired between the enactment of the Act in 1982, and the amendments in 1985, we would regard it as impermissibly harsh to apply to one defendant, on this critical question of life and death, a standard significantly less favorable than that to be applied to another defendant, merely because of the relatively short time differential between the commission of their crimes. Much more is at stake than doing justice to Mr. Biegenwald. What is at stake is the fundamental fairness of a system that generates life and death decisions.
We do not suggest that every time the criminal law changes for the benefit of defendants, it should apply to all who ever committed that crime, no matter how many years before that change, any more than we would imply (contrary to the Constitution) that when the criminal law is changed to make it harsher towards defendants, any such retroactive applic
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