Massachusetts

Massachusetts

VICTIMS' FAMILIES PERSPECTIVES: Families of Massachusetts Murder Victims Speak Out on Penalty for Tsarnaev

UPDATE:   "Family members of two Massachusetts murder victims, including the police officer who was killed by the Tsarnaevs, have spoken out concerning their views on the sentence they believe should be imposed on Dzhokhar Tsarnaev in the Boston Marathon bombing. Now Bill and Denise Richards, parents of 8-year-old Martin Richards, the youngest victim killed in the Boston Marathon bombing, have added their voices and called on federal prosecutors to drop the death penalty in exchange for termination of all appeals in the case.  In a statement in the Boston Globe, the Richards write:  "the story of Marathon Monday 2013 should not be defined by the actions or beliefs of the defendant, but by the resiliency of the human spirit and the rallying cries of this great city. We can never replace what was taken from us, but we can continue to get up every morning and fight another day. As long as the defendant is in the spotlight, we have no choice but to live a story told on his terms, not ours. The minute the defendant fades from our newspapers and TV screens is the minute we begin the process of rebuilding our lives and our family.

The Difficulties in Selecting Impartial Jury for Boston Bombing Trial

According to a recent article in the New Yorker, it has been diffcult selecting a jury for the trial of Dzhokhar Tsarnaev, who is accused of the Boston Marathon bombing. Many of the 1,350 people who filled out a juror questionnaire have been eliminated from service based on their written answers. But even of those who remain, only a few have been found sufficiently impartial regarding Tsarnaev's guilt or innocence and on potential sentences, putting the selection process behind schedule. Eventually, 18 people - 12 jurors and 6 alternates - will be seated for the trial. Most of those questioned so far have said they believe Tsarnaev is guilty. The judge and lawyers must determine whether those people can set aside their opinions to fully consider the evidence presented at trial. One potential juror who was asked whether she could put aside her belief that the defendant is guilty, said, “I think it’s hard. Because if you have a belief in your head … it’s hard to set that aside. I can try to, but I can’t say that it wouldn’t influence my thinking. I don’t know that the brain works that way.” Because the death penalty is possible if Tsarnaev is found guilty, the jurors must also be willing to consider both capital punishment and life in prison. It is also difficult to arrive at an impartial jury because so many potential jurors have connections to the Boston Marathon or to people who were affected by the bombing.

Neuroscience Research Indicates Susceptibility to Influence in Younger Defendants

A growing body of research into adolescent brain development indicates that the brains of even those over the age of 18 continue to physically change in ways related to culpability for criminal offenses. The Supreme Court referred to such scientific evidence regarding those under the age of 18 when it struck down the death penalty for juveniles in 2005 (Roper v. Simmons) and when it recently limited life without parole sentences for juveniles. According to Laurence Steinberg (pictured), a professor of psychology at Temple University, the brain continues a process called myelination into a person's twenties. That process affects planning ahead, weighing risks and rewards, and making complex decisions. This research may yield mitigating evidence for younger defendants, including accused Boston marathon bomber Dzhokhar Tsarnaev. Steinberg's research shows that someone like Tsarnaev, who was 19 at the time of the bombing, may not have the same understanding of his actions as an older adult would. Young adults are particularly susceptible to the influence of peers. “What we know is that this is an age when people are hypersensitive to what other people think of them. It’s also an age when people are trying to figure out who they are, and one way is by identifying with a group. There probably are similarities between the dynamics here and dynamics of antisocial or delinquent gangs. Older, more powerful young adults persuading younger adolescents to do their bidding for them,” Steinberg said. 

VICTIMS: Boston Bombing Trial Could Cause More Trauma

In an op-ed in the Boston Herald, Michael Avery, professor emeritus at Suffolk University Law School, whose sister and niece were murdered 30 years ago, suggested that a plea bargain might be a better ourcome for all concerned in the case of Dzokhar Tsarnaev, the defendant in the Boston Marathon bombing. A trial, he said, would be painful for victims and survivors: "Boston will relive every tortu[r]ous moment of the bombing, over and over, probably for weeks...if Tsarnaev is convicted, we’ll have a second trial on the penalty. The defense lawyers will present evidence in mitigation of the death sentence. We’ll suffer through two Chechen wars, a Russian occupation, and a psychoanalysis of the defendant.” He reflected on his own experience when his sister’s killer was put on trial: "Although I’m a lawyer, I didn’t go, and I didn’t read the Florida papers reporting the evidence. I couldn’t have handled it. My heart goes out to the people who won’t be able to handle the Tsarnaev trial. They won’t be able to avoid the massive publicity.” He urged Attorney General Eric Holder to spare all of Boston further trauma by accepting a guilty plea and a sentence of life in prison. Read the full op-ed below.

NEW VOICES: Federal Judge Underscores the "Heavy Price" of the Death Penalty

In a recent interview, Judge Michael A. Ponsor, who presided over the first federal death penalty trial in Massachusetts in over 50 years, warned that the death penalty comes with a "heavy price" - the risk of executing innocent people: "A legal regime permitting capital punishment comes with a fairly heavy price....where there’s a death penalty innocent people will die. Sooner or later—we hope not too often—someone who didn’t commit the crime will be executed." In 2001, Judge Ponsor oversaw the capital trial of Kristen Gilbert, a nurse who was charged with killing some of her patients. Gilbert was ultimately found guilty and sentenced to life without parole. The judge said the trial made him question the whole process of death sentencing: "The most profound realization I took from Gilbert was that human beings getting together to decide whether someone should be executed, even when they are supervised by a judge, will make mistakes."

NEW VOICES: All Democratic Candidates for Massachusetts Governor Oppose Death Penalty for Tsarnaev

In a debate held by the Boston Globe, all five Democratic candidates for governor of Massachusetts said they oppose the death penalty for accused Boston Marathon bomber Dzhokhar Tsarnaev. Candidate Don Berwick said, "The death penalty has no place in our jurisprudence." Juliette Kayyem, in an earlier statement on her Facebook page, said, "I have, based on my principles and on my work in death penalty appeals litigation in Alabama, always opposed the death penalty." The other candidates in agreement were Martha Coakley, Steve Grossman, and Joe Avellone. The current governor, Deval Patrick, has also said, "I am philosophically opposed to the death penalty." Earlier, the Republican gubernatorial candidate Charlie Baker said he supports the decision to seek the death penalty against Tsarnaev.

Resources on the Federal Death Penalty and Boston Marathon Case

On January 30 U.S. Attorney General Eric Holder announced the government would seek the death penalty in the federal prosecution of accused Boston Marathon bomber Dzhokhar Tsarnaev. DPIC has a number of resources about the federal death penalty, including a list of federal death row inmates with descriptions of their cases, information about crimes eligible for the federal death penalty, a breakdown of outcomes in federal capital cases, and studies related to such issues as costs and racial disparities. We have also compiled legal documents related to the Tsarnaev case, including the recent notice of intent to seek the death penalty, the indictment, and initial charging document

Boston Bar Association Announces Opposition to Use of Federal Death Penalty

On January 7, the Boston Bar Association, representing more than 10,000 lawyers, released a statement opposing the use of the federal death penalty. The Association already had a longstanding position against the death penalty in state cases. Paul T. Dacier (pictured), the President of the Boston Bar, said, "Without equivocation, the death penalty has no place in the fair administration of justice and makes no sense on a practical level." The organization's new stance was based on a review of the death penalty by a working group chaired by retired Superior Court Judge Margaret Hinkle and Martin Murphy, a partner at Foley Hoag LLP. Murphy said, "The research we conducted confirms that death penalty prosecutions, including federal death penalty cases, are more expensive and time consuming, more subject to prolonged delays, and unlikely to produce a different result than where the prosecution seeks life without parole." The study also raised concerns about the "inevitability of error" in criminal cases.

Pages