The New Jersey Supreme Court has ruled that prosecutors who plan to seek the death penalty must submit that request to a grand jury for approval. Prior to the 4-2 ruling by the Court, prosecutors could decide to seek the death penalty as late as the middle of the trial. The Court’s decision was made in the case of Scott Fortin, and will probably affect other cases currently being prosecuted. The remaining 13 inmates on death row may not be affected unless the ruling is held to be retroactive. The Court’s decision brought the state’s procedures in line with the United States Supreme Court ruling in Ring v Arizona, making “aggravating factors” a functional element of the crime. Previously, such factors were not considered part of the crime, and therefore were not subject to review by the grand jury. (New York Times, February 4, 2004) See Ring v. Arizona.