State of New Jersey, Plaintiff-Respondent v. Marko Bey (I), Defendant-Appellant

Summary

The New Jersey Supreme Court reversed Marko Bey's murder convictions, holding that his Miranda‑right to remain silent was not scrupulously honored and that his subsequent oral and written confessions were therefore inadmissible, and that mid‑trial newspaper publicity prejudiced his right to a fair and impartial jury. The Court also held that the death‑penalty statute cannot be applied to a defendant who was a juvenile at the time of the offense, so a death sentence is barred. Justice Handler, in a concurring opinion, argued for an enhanced standard of appellate review in capital cases.