Boston Marathon Bombing Trial

[agchristie]

Finally due to get underway but will the accused receive a fair trial?

http://www.theguardian.com/us-news/2015/mar/03/boston-marathon-bombing-trial-dzhokhar-tsarnaev

[naomi24]

agchristie, //Naomi… I'm not sure how your reply ended up as BA as I hadn't chose one!//

Haha! And there’s me thinking I was one of your favourites! ;o)

Not to worry, if you do choose a best answer you can swap it.

[agchristie]

Slaney,

Thanks for clarifying the state/federal situation.

Naomi,

Just being honest ;-) I won't change the BA but will review :-)

[Jackdaw33]

I don't know enough about American law to understand when a state offence becomes a federal offence. I know the Oklahoma bomber was tried under federal law and was executed within 5 years of conviction, pretty quick by American standards.

[agchristie]

Jackdaw,

///I don't know enough about American law to understand when a state offence becomes a federal offence. I know the Oklahoma bomber was tried under federal law and was executed within 5 years of conviction, pretty quick by American standards. ///

Yes,Tim McVeigh is one of the few individuals in recent times to face the death penalty.

[Zacs-Master]

Really ag?
http://www.deathpenaltyinfo.org/execution-list-2013

[agchristie]

The Trial itself got underway and the Defence have admitted the role played by Tsarnaev. It would appear that the Defence's case will largely revolve around the influence of his older brother who of course, was killed in a shoot out.

Likely to last 3-4 months. If convicted, there will be a further verdict required as to whether the accused should face the death penalty but for this to happen, the jury must be unanimous. if they aren't the judge will rule a life term.

[FrogNog]

The question is, will he receive a fair trial.
Looking at the news, it seems the matter of his guilt has been taken out of the equation now so the fairness is down to sentencing at the end of the day.
Those of you who would prefer the death penalty make no sense to me.
You say that it is so appalling to take a life that your proper response is to err...take a life.
Mr. Spock would not be impressed.
Another question earlier if we would be so barbaric in the west to kill someone cruelly, yet botched executions happen too often, with packed galleries to boot.
The only difference to me is the air conditioning.
He will get a long sentence hopefully.

[agchristie]

Zacs,

I was referring to the federal government ;-)

Thanks for the info.

Capital punishment resumed in the United States in 1976, after a Supreme Court-ordered hiatus. While many states have executed inmates since that time, the federal government has tried and executed only three people: Oklahoma City bomber Timothy McVeigh, drug smuggler Juan Raul Garza, and kidnapper Louis Jones.

[Zacs-Master]

Ah, OK.

[FrogNog]

Have their been any other bombers since agchristie? I think he stands a fair chance of the death penalty.
It's a shame on humanity and a mighty hypocrisy if he gets it IMO.

[Jackdaw33]

My point was that I do not know at which point a state offence becomes a federal one.

[agchristie]

Frognog,

///The question is, will he receive a fair trial.
Looking at the news, it seems the matter of his guilt has been taken out of the equation now so the fairness is down to sentencing at the end of the day. ///

Although as I've said the Defence has admitted his role in the bombing, his guilt per se has yet to be established. The Prosecution has to show that he was fully behind his older radicalised brother and not just an 'adoring, submissive brother'.

A Boston Globe survey showed that only 57% of people said he should be executed if convicted.

I think it is more likely that if convicted he will receive a life term without parole.

[agchristie]

Jackdaw,

Federal prosecutors petitioned U.S. Attorney General Eric Holder for the death penalty. Holder, who openly opposes capital punishment, last year agreed, stating: “The nature of the conduct and the resultant harm compel this decision.”

[Jackdaw33]

//A Boston Globe survey showed that only 57% of people said he should be executed if convicted. //

Even Mikey would be hard put to call that a minority

[Peter Pedant]

AOG // A much fairer trial than his innocent victims ever got.//

erm AOG what has happened to your pious and admirable - " a man is innocent of any crime until he has been proven guilty" ?

Fie !

[agchristie]

PP,

There have been some unpredictable outcomes in high profile cases down the years including Pistorius of course!

This case may not be as cut and dried as many think...

[agchristie]

The thing about Tsarnaev's Defence Team is that it is led by the highly respectable Judy Clarke.

Her decision on Day 1 of the case to admit his role has been regarded as a very shrewd tactical move and one that could very well spare Tsarnaev's life if found guilty. Setting a credibility benchmark so early is likely to find favour with the jury to soften his character.