Login Form

Boston Bomber Sentencing: Hank Brennan, Boston Legal Scholar, Explains the Death Penalty Phase

AddThis Social Bookmark Button

Dzhokhar Tsarnaev is set to begin the sentencing phase of his trial. To understand the jury's responsibilities, Hank Brennan, former Boston prosecutor and current defense attorney in the appeal for notorious mobster James "Whitey" Bulger agreed to explain.

Federal Death Penalty Act

The next phase of the United States v. Dzhokhar Tsarnaev trial is what is commonly called the "death penalty phase." In Federal Court the procedure has been codified and is known as the Federal Death Penalty Act (FDPA). This statue can be found at U.S. Code Title 18, Part II c.228.  

The jury will consider both aggravating and mitigating circumstances relative to the qualifying convictions.

A qualifying conviction is an indictment (often called a charge) that the defendant was found guilty for which qualifies for the penalty of death. Not all convictions qualify for the death penalty.  

The prosecution will call witnesses, primarily victims or family members of victims.  The witnesses have an opportunity to emote and may testify to the impact inflicted upon them by the defendant's acts or they may read pre-written impact statements describing the physical, emotional, and financial impact caused by the defendant's crimes.

The defense may also introduce witnesses to attempt to demonstrate any relevant mitigating factor on behalf of the defendant. After considering the evidence the jury decides whether death should be imposed. If the jury chooses that death should not be imposed, the judge will impose a sentence that will inevitably be a life sentence without parole.  

Aggravating and Mitigating Factors

Aggravating and Mitigating Factors are found in U.S. Code Title 18, Part II c.228  § 3592.

Mitigating factors include impaired capacity, duress, being a minor participant, no prior criminal record, equally or more culpable co-defendant, and other factors including the defendant's past character.  

Aggravating factors are numerous and include whether death occurred during the commission of another crime, a grave risk of death to additional persons, if the offense was committed in an especially heinous, cruel, or depraved manner in that it involved torture or serious physical abuse to the victim, substantial planning and premeditation to cause the death of a person or commit an act of terrorism, the particular vulnerability of the victim due to old age, youth, or infirmity, and whether the defendant intentionally killed or attempted to kill more than one person in a single criminal episode.

Jury Determines Aggravating and Mitigating Factors

The jury's must return special finding identifying any aggravating factors. All jurors must unanimously agree for any aggravating factor to be deemed established.

A finding of any mitigating factor, however, may be made by 1 or more members of the jury. Upon a finding of a mitigating factor by at least one member of the jury, the factor is deemed established.

The jury will consider whether all the aggravating factor or factors found to exist sufficiently outweigh all the mitigating factor or factors found to exist to justify a sentence of death, or, in the absence of a mitigating factor, whether the aggravating factor or factors alone are sufficient to justify a sentence of death. The jury will then recommend whether the defendant should be sentenced to death, to life imprisonment without possibility of release or some other lesser sentence.

A recommendation to sentence to death must be by a unanimous vote.

 

Haute Tease

  • THE IMPOSTER, A Riveting Psychological Journey, from Director Bart Layton

    AddThis Social Bookmark Button

    THE IMPOSTER, a riveting psychological journey, delves into the 1994 disappearance of Texas teenager Nicholas Barclay and the astronomical odds of his safe return.

     
  • Academy’s Oscar® Week Events Celebrate This Year’s Nominees

    AddThis Social Bookmark Button

    In the week leading up to the 89th Oscars®, the Academy of Motion Picture Arts and Sciences will present a series of public programs celebrating this year’s nominees in the seven categories. All events are open to the public.  

  • Updated:William, Kate Welcome Baby Number Two, Charlotte Elizabeth Diana; Obama Congratulates Family, Queen, Nation

    AddThis Social Bookmark Button

    Prince William and Catherine, Duke and Duchess of Cambridge, welcomed baby number two, a girl, into their growing family, on Saturday, May 2, following a week delay and short two hour labor.

     
  • Cal Phil Chorale Joins Heralded Maestro Victor Vener And His World-Class Orchestra For First Of Spectacular Five Concert Summer Series

    AddThis Social Bookmark Button

    Maestro Victor Vener and the acclaimed California Philharmonic present what promises to be another awe-inspiring summer series of concerts, mixing stage and sound, at the iconic music destination the Music Center’s Walt Disney Concert Hall.

     
  • 10 Animated Shorts Advance in 2013 Oscar® Race

    AddThis Social Bookmark Button

    BEVERLY HILLS, CA —The Academy of Motion Picture Arts and Sciences today announced that 10 animated short films will advance in the voting process for the 86th Academy Awards®. Fifty-six pictures had originally qualified in the category.

     
  • Colorado Cannabis Dealers Stock Shelves

    AddThis Social Bookmark Button

    Colorado cannabis dealers are expecting brisk sales, generating upwards of $67M in tax revenue, as the Rocky Mountain state is the first to completely legalize, without prescription, the sale, distribution and use of marijuana.

     
  • Finding Your Feet Review – A Charming, Delightful, Comedic Drama

    AddThis Social Bookmark Button

    Finding Your Feet, from Roadside Attractions, presents the story of two unique sisters so far removed from each other that it isn’t until calamity strikes, and what was expected to be forever ends, that they reunite.