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 Monuments Men, from George Clooney and Grant Heslov, Hits Theaters February 2014

    AddThis Social Bookmark Button

    Sony Pictures Entertainment, Columbia Pictures, George Clooney and Grant Heslov, the producing pair that brought the world ”Argo,” have teamed up again for the WWII action-drama, based on a “The Monuments Men.”

     
  • 10 Contenders Remain In VFX OSCAR® Race

    AddThis Social Bookmark Button

    LOS ANGELES, CA – The Academy of Motion Picture Arts and Sciences today announced that 10 films remain in the running in the Visual Effects category for the 87th Oscars®. The 87th Academy Awards® nominations will be announced live on Thursday, January 15, 2015, at 5:30 a.m. PT in the Academy’s Samuel Goldwyn Theater.

     
  • The Hungry Heart - Lessons from a Life Lived

    AddThis Social Bookmark Button

    The Hungry Heart, a weight modification program, developed to help individuals shackled to eating patterns that bind them to emotional overeating and yo-yo dieting, offers a caring approach to conquering binge and emotional eating habits.

     
  • Top Six Foods Known to Protect Skin From Sun Damage

    AddThis Social Bookmark Button

    Nothing helps protect skin from harmful UV rays better than a healthy application of sunscreen and for a bit more protection Dr. Christopher Calapai, D.O spoke on the top six foods known to be high in antioxidant-rich foods that also aid in the protecting skin.

     
  • UPDATE: Semi-Tractor Trailer, Humboldt Broncos Bus Collide 15 Dead; 14 Injured

    AddThis Social Bookmark Button

    The death toll has increased according to the Royal Canadian Mounted Police who indicated a 15th member of the Humboldt Broncos has died. Fourteen others suffered injuries when a semi-truck collided with the passenger bus carrying the team.

     
  • Winners Announced For Academy Nicholl Fellowships

    AddThis Social Bookmark Button

    LOS ANGELES, CA –Three individual writers and one writing team have been selected as winners of the 2014 Academy Nicholl Fellowships in Screenwriting competition.  Each individual winner and the combined writing team will receive a $35,000 prize.

     
  • Manhunt Continues in Upstate New York Prison Break

    AddThis Social Bookmark Button

    Residents in the tiny town of Dannemora, New York, remain on edge as two violent prisoners, in a daring escape from the maximum security Clinton Correctional facility have managed to elude capture for a second consecutive day.