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State v. Fortin2/3/2004
t 2441, 153 L.Ed. 2d at 574 (noting that " erely because the state legislature placed its hate crime sentence enhancer within the sentencing provisions of the criminal code does not mean that the finding of a biased purpose to intimidate is not an essential element of the offense") (quoting Apprendi, supra, 530 U.S. at 495, 120 S.Ct. at 2365-66, 147 L.Ed. 2d at 458). By that same reasoning, the State cannot mask an element as a sentencing factor to deny a defendant his right to a grand jury presentation. We now must revisit whether aggravating factors are elements of capital murder.
Under New Jersey's death penalty statute, N.J.S.A. 2C:11- 3c, the State must prove specific facts in each step of a three tiered process before a defendant may be sentenced to death. First, the State must prove beyond a reasonable doubt that the defendant purposefully or knowingly caused death or serious bodily injury resulting in death. N.J.S.A. 2C:11-3a(1), (2).
Second, the State must prove beyond a reasonable doubt one of the capital "triggers" in order to advance the defendant to the penalty-phase trial. N.J.S.A. 2C:11-3c. The State must establish that the defendant, committed the homicidal act by his own conduct; or who as an accomplice procured the commission of the offense by payment or promise of payment of anything of pecuniary value; or who, as a leader of a narcotics trafficking network... commanded or by threat or promise solicited the commission of the offense, or, if the murder occurred during the commission of the crime of terrorism, any person who committed the crime of terrorism....
[N.J.S.A. 2C:11-3c.]
The jury considers the capital "triggers" only after finding a defendant guilty of knowing or purposeful murder. See State v. Feaster, 156 N.J. 1, 42-43 (1998), cert. denied, 532 U.S. 932, 121 S.Ct. 1380, 149 L.Ed. 2d 306 (2001); State v. Gerald, 113 N.J. 40, 100 (1988). Third, in the penalty-phase trial, the State must prove beyond a reasonable doubt the existence of any alleged statutory aggravating factors. N.J.S.A. 2C:11-3c(2)(a).
If the jury finds one or more aggravating factors, it must then determine whether those outweigh all of the mitigating factors beyond a reasonable doubt. N.J.S.A. 2C:11-3c(3)(a).
The capital sentencing procedure in New Jersey, therefore, requires three different findings beyond a reasonable doubt by the jury before an accused receives a death sentence: (1) knowing and purposeful killing, (2) one of the capital triggers, and (3) one or more aggravating factors. The jury's failure to find any one of those facts renders the defendant ineligible for the death penalty. Additionally, before a defendant may be sentenced to death, the jury must then find that the aggravating factors outweigh beyond a reasonable doubt the mitigating factors. N.J.S.A. 2C:11-3c(3)(a). The following chart summarizes the role of the different factual findings made by the jury in a capital case.
Crime Minimum Sentence Maximum sentence
Knowing or Purposeful Killing 30 years Life
Capital Trigger 30 years Life
Aggravating Factor Life without parole Death
The finding of a purposeful or knowing killing by the jury only exposes the defendant to a sentence between thirty years and life imprisonment. Without any other finding by the jury, life imprisonment is the maximum allowable sentence under the capital-murder statute. N.J.S.A. 2C:11-3b. The jury must find a capital trigger and an aggravating factor to elevate the punishment from a term of imprisonment to death.
In Martini I, supra, this Court stated that the Capital Penalty Act defined criminal homicide as having
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