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

  • AFI FEST 2013 presented by Audi ANNOUNCES DATES AND CALL FOR ENTRIES

    AddThis Social Bookmark Button

    LOS ANGELES, CA– AFI FEST 2013 presented by Audi officially announced its dates and call for entries today. The American Film Institute's annual celebration of artistic excellence brings the audience and the entertainment community together to explore the year in global cinema through the new works of film masters, moving image icons and breakthrough talents, and is the only film festival of its stature that is free to the public.

     
  • CharityStars: Limited Edition Ferrari Michael Schumacher Memorabilia Offered For Auction

    AddThis Social Bookmark Button

    The Ferrari F2004 was not only one of the most successful, but also one of the most iconic Ferrari Formula 1 cars of all time, being the very last model that was designed by the all-conquering Ross Brawn and Rory Byrne duo, under the leadership of Jean Todt.

     
  • 2016 Film Independent Spirit Awards Winners Announced

    AddThis Social Bookmark Button

    Film Independent, the nonprofit arts organization that produces the Spirit Awards, the LA Film Festival and Film Independent at LACMA, handed out top honors to Spotlight, Beasts of No Nation and Room at this afternoon’s 31st Film Independent Spirit Awards.   

  • Jiaflix Partners with China Movie Channel Web Affiliate M1905; Will Stream PARAMOUNT Library

    AddThis Social Bookmark Button

    Jiaflix Enterprises principals Sid Ganis, Marc Ganis and Kenneth Huang, and M1905, the official internet subsidiary of China Movie Channel/CCTV6 jointly announced recently an exclusive venture to stream both Chinese and international feature films throughout China.

     
  • Wonderstruck Review – Magical, Enchanting, Drama Highlights The Road of Life

    AddThis Social Bookmark Button

    Wonderstruck, from Amazon Studios and Roadside Attractions, presents a unique story of fates and time intersecting as a boy in search of his father is led almost magically through the maze of dangers to revelation.

     
  • Five Fabulous Female Celebs: Natural or Enhancements

    AddThis Social Bookmark Button

    There are celebrities who seem to get better with age and maintain their looks while others seem to be at war with aging. The one sure thing about cosmetic enhancements: we can’t help to notice when it goes wrong. 

     
  • Tom Ridge, former Homeland Security Secretary, Headlines Espionage Expert Panel

    AddThis Social Bookmark Button

    The National Spy Museum in Washington, D.C.,  during the 2010 SALT film junket, hosted a panel of espionage experts featuring Director of Homeland Security Secretary Tom Ridge, former U.S. Intelligence officer and Middle East Counterterrorism Expert, Melissa Mahle, Kirk Whitworth, Director of Communications and Analysis under the Bush Administration and Operative and former KGB General Oleg Kalugin.

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.