The appeals process does not end with a proportionality review.
As a result, he said, proportionality review, as defined under the new law, has been essentially eliminated.
When the Court approved modern capital sentencing systems in 1976, it did so in part because states had undertaken this kind of proportionality review.
Another inmate has seen his sentence upheld but is awaiting a decision on its fairness, a procedure called a proportionality review.
The new law says that the proportionality review can compare only those cases that resulted in a death sentence, not all murder cases.
The comparison of cases is known as proportionality review.
The United States Supreme Court, however, ruled in 1984 that proportionality review was not mandatory.
And that's one thing that proportionality review ought to correct for.
"The time has come to abolish proportionality review."
The New Jersey panel is likely to recommend the elimination of the state-mandated "proportionality review."
