Prosecutors from Middlesex County, New Jersey, have decid­ed to adhere to the wish­es of the vic­tim’s fam­i­ly and will not seek the death penal­ty against Dwayne Carreker of New Brunswick at his retri­al. They will instead seek a sen­tence of life in prison. The vic­tim’s moth­er has said she is more inter­est­ed in jus­tice and clo­sure than she is with the death penal­ty,” said First Assistant Prosecutor William Lamb. Lamb not­ed that his office con­sid­ered the vic­tim’s fam­i­ly’s wish­es and the result of the first tri­al against Carreker when decid­ing whether to pro­ceed with a cap­i­tal tri­al. Carreker’s first tri­al end­ed in a mis­tri­al when the jury could not reach a unan­i­mous deci­sion. The state was forced to recon­sid­er its ini­tial deci­sion to seek the death penal­ty when the New Jersey Supreme Court recent­ly ruled that such a deci­sion must be reviewed by a grand jury. (Courier News, February 6, 2004) See Victims and the Death Penalty and DPIC’s Ring v. Arizona page. The U.S. Supreme Court’s deci­sion in Ring led to the NJ deci­sion requir­ing grand jury review.

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