My NY Times article on the Tsarnaev trial
Thaddeus Hoffmeister, a professor at the University of Dayton School of Law, is the author of "Social Media in the Courtroom" and the editor of Juries.
Updated January 7, 2015, 10:24 PM
The lawyers in the death penalty trial of Dzhokhar Tsarnaev do not believe that the court will find 12 impartial jurors in New England much less Massachusetts and want the case moved to Washington, D.C. But the judge in the case has consistently ruled against the defense and denied repeated requests to move the trial, saying that it "stretches the imagination to suggest that an impartial jury cannot be successfully selected from this large pool of potential jurors.”
It will be hard to find a juror with the courage to acquit knowing that he or she has to return to a community where this bombing has caused so much pain.
Of course, the judge could change his mind prior to the start of trial; however, this is an unlikely outcome, which is unfortunate for the defendant and those interested in safeguarding the rights of anyone accused of a crime.
To serve on a criminal trial, a juror need not be ignorant of the underlying facts surrounding the case. This is as true today as in 1807 when Vice President Aaron Burr was acquitted of treason. However, jurors, even those with knowledge of the facts, must be able to lay aside their opinions and render a verdict based on the evidence presented in court -- a close to impossible task for this highly publicized case that hits so close to home and personally touches so many from Massachusetts, especially those in Boston. One has to look no further than the online comments section of any local newspaper to gauge the feelings of Massachusetts' residents on the defendant’s guilt or innocence. Lastly, even if the judge could find 12 impartial jurors, which one would feel comfortable or have the courage to acquit knowing that he or she has to return to a community where this bombing has caused so much pain?
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