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Weighing Capital Punishment In A Non-Death Penalty State12:45
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Defense attorneys Judy Clarke and David Bruck leave federal court Wednesday after their client Dzhokhar Tsarnaev was convicted on multiple charges in the 2013 Boston Marathon bombing. (Steven Senne/AP)
Defense attorneys Judy Clarke and David Bruck leave federal court Wednesday after their client Dzhokhar Tsarnaev was convicted on multiple charges in the 2013 Boston Marathon bombing. (Steven Senne/AP)
This article is more than 6 years old.

The next phase of the trial of convicted Boston Marathon bomber Dzhokhar Tsarnaev is set to begin Monday. Jurors will hear testimony from both prosecution and defense witnesses to help them decide whether Tsarnaev should be executed or spend the rest of his life in jail.

The penalty phase will reignite the debate about the death penalty, especially in a state that has no death penalty statute and where a majority of residents say they oppose it. It also, again, raises the question of why the federal government claimed jurisdiction in this case in the first place.

Guests

Harvey Silverglate, defense attorney and civil rights litigator. He tweets @HASilverglate.

Donald Stern, former federal prosecutor.

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The Boston Globe: After The Tsarnaev Verdict, The Real Drama Begins

  • "The feds overstepped in asserting their superior claim to jurisdiction in this case in anticipation of this very moment, and Massachusetts citizens should pay close attention as prosecutors make their case for execution."

This segment aired on April 9, 2015.

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