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

  • HL Tech Biz Exclusive: Is Tim Cook's Apple Past Its Peak

    AddThis Social Bookmark Button

    Following Apple’s first down quarter in over a decade and mixed reviews for the company’s recent Worldwide Developers Conference, an ominous question is making the rounds.  

  • EBOLA PATIENT THOMAS DUNCAN DIES AT DALLAS HOSPITAL

    AddThis Social Bookmark Button

    Thomas Eric Duncan, the first diagnosed case of Ebola Haemorrhagic Fever, has died in a Dallas hospital less than two weeks after arriving in the United States from Liberia, the West African nation engulfed in a pandemic.

     
  • May In The Summer – A Challenging Family Drama Beautifully Presented

    AddThis Social Bookmark Button

    "May In The Summer,"  from Cohen Media Group and Displaced Pictures,  brings to the screen a contemporary drama of discovery as familial boundaries wax and wane allowing for new ideas, new lives, ideals and hopes to replace childhood dreams.

     
  • Honeymoon In Vegas Review – Go For The Music, Stay For The Elvis Impersonators

    AddThis Social Bookmark Button

    Writing reviews to send out is actually quite difficult for me.  The truth is, I’m a theatre snob, and I’m pretty hard to please.  Without creative geniuses such as Rodgers and Hammerstein, Leonard Bernstein, or even Stephen Sondheim, it’s hard for me to give my endorsement.  Not this time.  You will love ‘Honeymoon In Vegas’.

     
  • Seven Features Advance In 2017 Race For Makeup And Hairstyling Oscar®

    AddThis Social Bookmark Button

    The Academy of Motion Picture Arts and Sciences today announced that seven films remain in competition in the Makeup and Hairstyling category for the 90th Academy Awards®, of which three films will compete for the Academy Award.  

  • Hank Brennan, Famed Defense Attorney, Answers Questions on Scotty McMillan Defendants

    AddThis Social Bookmark Button

    The murder of Scott McMillan, the three year old savagely beaten and systematically tortured over a three day period by his mother and boyfriend, has drawn attention from media, legal scholars and  commentators.

     
  • Op/Ed:The Fall Out From Harvey Weinstein Continues

    AddThis Social Bookmark Button

    The Entertainment Industry is facing its second major sexual assault scandal, in  as many years, with the shocking revelations that everyone seemed to have known, or heard about, and seemed to be generally accepted as commonplace.