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TERRORISM :
CRIME AND CRIMINALS: MURDER HOMICIDE :
LAW CASE DECISIONS:
Boston Marathon Bomber Dzhokhar Tsarnaev Sentenced to Death
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Boston Marathon Bomber Dzhokhar Tsarnaev Sentenced to Death
Jury votes unanimously to send Tsarnaev to death for his role in the
Boston Marathon bombing, which left three dead and more than 260 injured
Nicky Woolf in Boston
Friday 15 May 2015 16.23 EDT
The Guardian
http://www.theguardian.com/us-news/2015/may/15/
boston-bomber-dzhokhar-tsarnaev-death
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A shorter URL for the above link:
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http://tinyurl.com/mrfytc4
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Dzhokhar Tsarnaev has been sentenced to death for his role in the 2013
bomb attack on the Boston Marathon an attack that killed three people,
left more than 260 wounded and stunned the country.
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In April, the same jury at a federal court in Boston found Tsarnaev guilty
on 30 charges relating to the attack.
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snip
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The sentence brings to end the five-month-long trial, in which 154
witnesses testified, more than 40 of them in the penalty phase.
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In her closing argument on Tuesday, defence attorney Judy Clarke made one
final appeal to the jury for mercy. Mercy is never earned, it is bestowed,
she said.
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But the jury seems to have been more receptive to the prosecutions
argument that the only fitting punishment for Tsarnaevs crimes was death.
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The sentence, which mandates the government to kill the 21-year-old
Tsarnaev by lethal injection at the federal correctional facility in Terre
Haute, Indiana, is subject to appeal.
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The jury were tasked with weighing aggravating factors against mitigating
factors in deciding whether to send Tsarnaev to his death. The defence had
hoped that they would give more weight to their central mitigating areas
first and foremost that Tamerlan Tsarnaev had been the controlling
mastermind of the operation; and second that the younger Tsarnaev had
shown remorse.
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But in the end the jury gave those two areas short shrift. As they ran
through the form, only three of them voted that they believed Tsarnaev
would not have committed the crimes if not for his older brother; and only
two found that he had expressed sorrow and remorse for his crimes.
Ultimately, the jury unanimously decided that the aggravating factors
outweighed the mitigating factors - and handed down a sentence of death.
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In April, following the guilty verdict, Bill and Denise Richard, the
parents of Martin Richard, who was killed by the bomb placed by Tsarnaev
near the marathons finish line, wrote a front-page op-ed in the Boston
Globe calling for the state to stop seeking the death penalty in this
case, saying that Tsarnaevs likely appeals process would give them little
room for closure.
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At eight years old, Martin Richard was the youngest victim of the bombing.
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But the government was implacable in its push for the death penalty. In
her opening statement in the penalty phase, assistant US attorney Nadine
Pellegrini showed a CCTV still of Tsarnaev, caught just after placing a
pipe bomb in a backpack behind where the Richard family were standing, by
the finish line, outside the Forum restaurant on Boylston Street.
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Pellegrini asked the jury: Is there anything that will explain how he can
walk away from that happy and crowded scene, look over his shoulder
knowing that he left death there, and keep on going?
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He simply is callous and indifferent to human life, Pellegrini continued.
It is his character that makes the death penalty just.
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Much of the defences case for mitigation rested on the influence of
Tsarnaevs older brother Tamerlan, who was killed during a shootout with
police in the days following the bombing.
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Tamerlan, the jury heard, was a powerful, dominant figure; witness after
witness for the defence testified that the younger Tsarnaev was more
passive.
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The complete article may be read at the URL above.
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David Dillard
Temple University
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