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.

(M. Gessen, "Dzhokhar Tsarnaev and the Presumption of Innocence," New Yorker, January 22, 2015). See Federal Death Penalty and DPIC's report, Blind Justice.