On December 12 2019, the Boston marathon bomber, Dzhokhar Tsarnaev’s lawyers argued an appeal before a three judge panel that their client did not receive an impartial trial. Tsarnaev’s lawyers argued that the trial held in 2015 was unfair due to the jury selection which was biased against Tsarnaev. They also argued to the U.S. Court of Appeals that Judge O’Toole should not have permitted the trial to be held in Boston because Boston was seen as the “victim” in the terrorist attacks. Robert Bloom, a professor of law at Boston College, has stated that trials attracting attention from the public are usually moved to a different state. Nancy Gertner, a professor at Harvard Law School said, “Boston was the victim and not just conceptually, but also everyone was victimized by the lockdown.” She also mentioned that at the time of the trial in 2015 the city was commemorating the second anniversary of the attack and the city had “Boston Strong” displayed everywhere. The defence attorneys argued that a couple of jurors were tainted because of prior personal posting about the case on social media. One juror said on Twitter that Tsarnaev was a “piece of garbage” and she also did not mention that she was sheltered in place during the search for Tsarnaev. In addition another juror was encouraged by his friend on Facebook to “get on the jury and send Tsarnaev to jail where he will be taken care of.” Federal prosecutors rejected the defense’s argument that posting on social media caused a bias. Furthermore the defense will also argue that they were not allowed to show evidence that Tsarnaev, who was only about 20 years old at the time of the bombing, was under the influence of his older brother, Tamerlan, who was known to be involved in the murder of three other individuals. Use this NPR article to help answer the questions.
- Do you think that Tsarnaev received a fair trial?
- Do you feel safe in a crowded place such as a subway or a crowded city area.
- If Tsarnaev is given another trial outside of Massachusetts will there be any difference in the result?
- If you knew or were close to somebody who was affected by the bombings would you want to give Tsarnaev another trial?