As the trial of Dzhokhar Tsarnaev has entered the penalty phase, its focus has shifted from determining guilt to determining the severity of Tsarnaev’s punishment.
Tsarnaev, the 21-year-old former University of Massachusetts Dartmouth student, admittedly placed two bombs at the finish line of the 2013 Boston Marathon, killing three and injuring more than 260. He was found guilty on April 8 of all 30 charges levied against him. Of those 30 counts, 17 carry the death penalty.
Karen Pita Loor , a professor in Boston University’s School of Law and expert in criminal law, said this does not mean that Tsarnaev has garnered a death sentence, but rather that he can now qualify for a death sentence.
Loor used the example of the count of conspiracy to use weapons of mass destruction, of which Tsarnaev was found guilty of, to explain the process.
“So essentially, they [the jury] not only need to find him guilty of this particular count that he conspired to use weapons of mass destruction, but also the use of that weapon,” Loor said. “The conspiracy to use that weapon resulted in the death of at least one of the people who was killed during the marathon.”
The results of the penalty phase, Loor said, will primarily depend on how effectively the jury finds that the prosecution presented aggravating factors that may have prompted the April 2013 attacks.
As explained in the criminal indictment levied against Tsarnaev in June 2013, there are 26 specifically outlined aggravating factors.
These include the fact that Tsarnaev “committed the offense after substantial planning and premeditation on to cause the death of a person and commit and act of terrorism” and that he “intentionally killed and attempted to kill more than one person in a single criminal episode.”
Loor said this point had already been touched upon in the guilt phase.
“The defense has fought a little bit about this in the guilt phase already, and I expect they will fight about this in the sentencing phase, which is really, ‘He was not the mastermind behind this, he was controlled by his brother, so he’s not the main planner or premeditator in this bombing,’” Loor said.
The document then goes on to outline the specific deaths he inflicted, including that of 8-year-old Martin Richard .
“The death, and injury resulting in death, of Martin Richard occurred during the commission and attempted commission of, and during the immediate flight from the commission of an offense,” the document stated. “The victim, Martin Richard, was particularly vulnerable due to youth.”
Loor said the death of Martin, as well as the other victims of the Marathon attacks, is a particularly strong aggravating factor that could heavily impact the sentencing of Tsarnaev.
“We’ve heard a little bit about that already in the penalty phase, people coming to testify about what the loss of each person’s life meant, and also what the loss of limbs actually has meant to them personally,” Loor said.
The prosecution rested in the penalty phase of the trial on April 23. Tsarnaev’s defense team is in the midst of presenting its case to the jury, after which, Loor said, the decision of the death penalty can be considered.
“Only at that time can they really consider imposing the death penalty, so there’s still another threshold question,” she said. “Once that happens, each juror, individually, takes that aggravating factor, the aggravating factor that has been found beyond reasonable doubt, and weighs them along with the mitigating factors that have been presented by the defense.”
The mitigating factors the defense has been presenting include duress under the influence of Tsarnaev’s older brother Tamerlan, Dzhokhar’s young age and the fact that he lacked any sort of criminal record before the bombing.
Several residents said that whether or not Tsarnaev should get the death penalty is complicated, but that he should be punished harshly regardless of the influence his brother had over him.
Alex Vuckovic, 25, of Allston, said there’s a significant reason to give Tsarnaev life in prison over the death penalty.
“If he were to be executed, then there’s a chance that he could become a martyr, and I think that might be what he wants,” he said. “It’s a difficult call.”
Gabriel Newby, 38, of Back Bay, said Tsarnaev’s fate should be left up to the families of the victims.
“There’s no question there [whether he’s guilty] but the question of the death penalty is difficult,” he said. “People want him to pay, but whether he should be locked up or die is another factor. He did it, so he’s guilty, but in the end, his punishment should be what the families want.”
Dilip Das, 37, of Back Bay, emphasized the magnitude of Tsarnaev’s crimes.
“He killed a lot of people,” he said. “I feel so bad. A lot of people’s lives are changed forever and all because of those two people.”
Das went on to refute the idea that Tsarnaev acted under the influence of his older brother.
“Many people are brainwashed,” he said. “All over they are brainwashed, but they don’t do this.”
Amanda Burke contributed to the reporting of this article.
