STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
RASHEED MUHAMMAD, DEFENDANT-RESPONDENT AND CROSS-APPELLANT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 27, 1996.
Decided June 28, 1996.
Attorney(s) appearing for the Case
John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant and cross-respondent (Clifford J. Minor, Essex County Prosecutor, attorney; Mr. Redden and Hilary Brunell, Assistant Prosecutor, of counsel and on the briefs).
Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Susan L. Reisner, Public Defender, attorney).
Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).
Marianne Espinosa Murphy, argued the cause for amicus curiae New Jersey Coalition of Crime Victims (Tompkins, McGuire & Wachenfeld, attorneys).
Boris Moczula, First Assistant Passaic County Prosecutor, argued the cause for amicus curiae New Jersey County Prosecutors' Association (Sharon B. Ransavage, President, attorney).
Jean D. Barrett argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Crummy, Del Deo, Dolan, Griffinger & Vecchione and Ruhnke & Barrett, attorneys; Ms. Barrett, Lawrence S. Lustberg, and James E. Ryan, on the brief).
Richard D. Pompelio submitted a brief on behalf of amicus curiae Pamela McClain.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by GARIBALDI, J.
At issue in this appeal is whether the New Jersey victim impact statute, N.J.S.A. 2C:11-3c(6), is constitutional under the Federal and State Constitutions. We hold that the victim impact statute is constitutional under both Constitutions.
I
Defendant is charged with the kidnapping, rape, and murder of an eight-year-old child, Jakiyah McClain. On the afternoon of April 1, 1995, Jakiyah...
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