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

  • Summer Gift Guide 2016: Seven Hot Items Guaranteed to Make the Living Easy

    AddThis Social Bookmark Button

    Memorial Day ushers in the traditional summer season and why not gear up with items that’ll make life easy? Here are my hot product picks for fashionistas, functional decorators, Tech-Geeks and travel junkies that’ll please and appease in the months ahead.  

  • EgyptAir MS804 Disappears from Radar; All 66, Including Two Infants, Presumed Dead

    AddThis Social Bookmark Button

    Egyptians Air officials are denying all reports of a mid-air explosion as the cause behind the disappearance of Egyptian Air Flight MS804 that vanished from radar over the Mediterranean Sea ten miles into Egyptian Air space.  

  • Breaking: Judge Orders All Cash Bonds on New Mexico Child Killers

    AddThis Social Bookmark Button

    In the first court appearance since their arrest on the murder of 10-year-old Victoria Martens, a New Mexico Judge has ordered bond set on all three at 1M all cash for Michelle Marten, Fabian Gonzales and Jessica Kelly.

     
  • The Tall Trees of Paris Book Review - An Exquisite, Vibrant, Introduction to The New Parisian Art Scene

    AddThis Social Bookmark Button

    The Tall Trees of Paris, a flamboyant coffee table art book from Portland gallery owner and curator, Matt Wagner, introduces readers to the colorful world of Parisian artists from the point of view of the artists themselves.

     
  • Breaking News: Florida School Shooting Leaves 17 Dead

    AddThis Social Bookmark Button

    Seventeen were killed and fifteen others injured, five critically, at the hands of a lone gunman who, armed with multiple magazines and a single assault rifle, shot his way through Marjory Stoneman Douglas High School in Parkland, Florida.

     
  • Luxe Home Swap Review - Stylish Home Exchange Vacations

    AddThis Social Bookmark Button

    Imagine holidaying in a luxurious Tuscan villa, Parisian loft or Hawaiian beach retreat - all for less than a night in a hotel.  Well, imagine no more and vacation wherever and whenever you like through Luxe Home Swap, the world’s leading site for stylish home exchange vacations.

     
  • Polina Review - Breathtaking Magic, A Captivating Masterpiece

    AddThis Social Bookmark Button

    Polina, from Oscillscope Laboratories, presents the story of an artist, a beautiful, dedicated, dancer who is poised on greatness when she diverts her path and is shattered then from those fragments of her choices she creates enchanting poetry.  

Donate Elite

It's the desire at Haute-Lifestyle.com to keep journalism free. Running a business, however, dictates what is now a common dilemma; a paywall, subscription or donation. Thank you for your donation.