The juror suggested Slobodan Milosevic, the former Yugoslav dictator. The interview I remember best was with Juror No. They did it by their actions—not coming to work, stealing, whatever. She added that, ever since being promoted to manager, she had been playing the lottery in hopes of retiring.
I feel the same way every time I come out of the voting booth. When she talked about the trust that the jury system places in ordinary people, I thought I heard her choke up—but all I could see was the back of her head, so maybe that was my own emotional reaction. Yet the cavalier way in which she talked about her willingness to vote to put someone to death—the ease with which she shifted the burden of that decision onto the person she would condemn—belied her humble words about civic duty.
She became the jury forewoman: a supervisor after all. The appeal showed that, in her interview, Juror No. Before the trial began, the defense brought this information to the judge, along with social-media posts by another juror, No.
The winter of broke all sorts of weather records in Boston. Roofs collapsed under the weight of accumulated snow and ice, killing people. Street plows created giant snowbanks that turned sidewalks into tunnels, through which people moved in single file. In and , the defense repeatedly filed requests for a change of venue. The defense, in its appeal, also argued that the federal death penalty should not apply to Tsarnaev because he was just nineteen when he committed his crime.
In , the Supreme Court ruled that the death penalty should not be imposed on juveniles—those under eighteen—in part because young people are particularly susceptible to influence and intimidation and lack the maturity to fully comprehend the consequences of their actions.
But the legal and cultural understanding of the age of full maturity has been shifting upward. The sentence was recommended by a jury but vacated by an appeals court. Some of the court's conservatives, who outnumber the liberals six to three, appeared skeptical of the arguments made by Tsarnaev's attorney.
The justices focused largely on evidence involving Tsarnaev's late brother, Tamerlan Tsarnaev, that was omitted from Dzhokhar's trial in federal district court in Massachusetts. Defense lawyers said the district court's exclusion of that evidence — which was related to a triple murder that Tamerlan's friend accused him of committing — undermined their case that Tamerlan influenced Dzhokhar. Justice Elena Kagan noted to Deputy Solicitor General Eric Feigin that the jury was allowed to hear evidence about Tamerlan "poking somebody in the chest" and shouting at people "all because that showed what kind of person Tamerlan was and what kind of influence he might have had over his [younger] brother.
The federal government has argued to the Supreme Court that the appellate judgment was wrong, and that the U. Lawyers for Tsarnaev have responded that even if the high court vacated the appellate ruling and sent the case back for further review, issues with the jury and the evidence presented during Tsarnaev's trial would lead to the same outcome. The federal government is pushing for the death penalty for Tsarnaev even as President Joe Biden's Justice Department takes action to halt federal executions.
Former President Donald Trump's administration, which asked the Supreme Court to review the appeals court's ruling on Tsarnaev, carried out 13 such executions during Trump's final months in office. Feigin responded that the government "continues to believe the jury imposed a sound verdict. A jury sentenced Tsarnaev to death by lethal injection in , but this was overturned last year by an appeals court.
The court said the trial judge had failed to exclude jurors who had already concluded that Tsarnaev was guilty. While Mr Trump supported executions during his time in office, President Joe Biden has said he will seek to end the death penalty. In its petition, Justice Department lawyers called Tsarnaev's case "one of the most important terrorism prosecutions in our nation's history".
The Supreme Court very rarely hears cases it's asked to review. However, justices agreed to hear oral arguments and decide by June next year whether to reinstate the original death sentence or uphold the appeal court's decision to ask a lower court to reconsider the sentencing. Tsarnaev will spend the rest of his life in jail regardless of the Supreme Court's judgement.
Who is Dzhokhar Tsarnaev?
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