ABOLITION OF CAPITAL PUNISHMENT IN NEW JERSEY AND NEW MEXICO: THE ROLE OF RELIGION AND THE LAW

Colin Wark, Texas A & M University - Kingsville

Abstract

New Jersey became the first state to abolish capital punishment in nearly 45 years. Less than two years later New Mexico did the same. Prior to that the states had executed many prisoners and thus abolition represented an extreme change. We primarily used secondary data such as legislative debate to shed light on this legislation. The irony is that the 1973 U.S. Supreme Court Roe vs. Wade decision set the groundwork for this legislation. The Roman Catholic Church has since that decision become adamantly opposed to executions as contrary to the sanctity of human life. The significance of a coalition of Roman Catholics and a liberal, pro-choice governor spearheaded this legislation in New Jersey as did Roman Catholics and a liberal protestant legislator in New Mexico. The New Jersey State Supreme Court and the courts in New Mexico long history of opposition to capital punishment provided the environment for this decision.