A judge, a few attorneys, and more than a thousand potential jurors are facing a tricky situation in a Boston court. How do you select jury members to try a crime that caught the whole nation off guard and drew international attention for days on end? Starting Monday, lawyers began to screen 1,200 Bostonians to serve on the jury of the Dzhokhar Tsarnaev trial.

Tsarnaev is the 21-year-old suspect in the 2013 Boston Marathon Bombing that killed three people and injured more than 260. Despite the fact that the death penalty was declared unconstitutional in Massachusetts in 1982, Tsarnaev faces capital punishment if he is convicted, given that the charges against him are federal.

That is what makes the selection process so tricky. Tsarnaev is almost definitely going to be convicted, considering the amount of incriminating evidence authorities have—including footage of him dropping what looks like a bag filled with explosives near the race’s finish line, an inscription he supposedly wrote inside the boat where he was captured, and bomb-making instructions that he allegedly downloaded. His defense is expected to focus on trying to save him from the death penalty by picking the right jury members. For the prosecution, it’s the opposite.

The Associated Press explains that the prosecution will want to look for jurors who see things in black and white (or guilty or not guilty) and are likely to favor the death penalty. Meanwhile, the defense will want to look for people who, despite knowing that Tsarnaev is responsible, want to understand what forces pushed him to kill.

CNN reported that Tsarnaev’s defense attorneys have suggested that his older brother, Tamerlan, who was killed in a police chase that ended in a firefight a few days after the marathon, was the mastermind behind the bombing. Dzhokhar, they’ll argue, was influenced and coerced by Tamerlan.

The defense is even trying to bring in the Tsarnaev family history as evidence, citing the psychological impact that Tsarnaev’s father, a refugee from Chechnya, had on him and his brother. The defense has said that the brothers grew up in an environment of “suspicion and fear.” On the other hand, the prosecutors are expected to use the evidence they have to show that Tsarnaev carried out the attack knowingly and willingly.

Tsarnaev is facing 30 federal charges, 17 of which are punishable by death or life in prison. If convicted of any of those, he’ll have a second trial with the same jury to determine sentencing. In the jury selection process, this presents another criterion for which the jurors need to be screened: they have to be willing to impose capital punishment if that is the way that justice is to be legally served.

This is all happening in a state that did away with the death penalty more than three decades ago. In a 2013 Boston Globe poll, 57 percent of respondents said they favored life without parole for Tsarnaev over capital punishment. In contrast, 33 percent said they favored death, and the rest said they didn’t know. Experts told the Globe the results reinforce the notion that most Massachusetts citizens oppose the death penalty. In Boston, a relatively liberal city, the court will have to choose jurors who don’t harbor any strong feelings about it. Anyone who does cannot be a member of the jury. The defense actually tried to move the trial away from Boston several times because of the obvious emotional toll the attacks had on the city, but U.S. District Judge George O’Toole Jr. refused.

The jury selection process is expected to take about three weeks. The trial is set to start in late January and take three to four months.

Zaid Shoorbajee

Zaid Shoorbajee is a an undergraduate student at The George Washington University majoring in journalism and economics. He is from the Washington, D.C. area and likes reading and writing about international affairs, politics, business and technology (especially when they intersect). Contact Zaid at staff@LawStreetMedia.com.

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Hey y’all!

On Monday, 93-year-old Oskar Groening, an SS guard assigned to Auschwitz concentration camp during World War II, was charged with 300,000 counts of accessory to murder by German prosecutors. Not many of us were alive to experience World War II, but I know someone who was around back then who tells stories like it happened just yesterday. My grandmother, also 93, recounts stories from that time, and my grandfather’s brother was a B-24 bomber pilot who was killed in France in 1944.

So many families all over the world were affected by that war, most notably by one of the most vile men this world has ever seen — Adolf Hitler. More than a million people lost their lives between 1935 – 1945. Groening, in particular, has always been very open about his experiences at the concentration camp. He recounted a horrendous story to German Magazine Der Spiegel in 2005 of witnessing “another SS soldier grab the baby by the legs and smashed the baby’s head against the iron side of a truck until it was silent.”

German authorities are able to charge Groening with these 300,000 counts thanks to the trial of former camp guard John Demjanjuk in 2011. In a legal first in Germany, a Munich court found that simply demonstrating Demjanjuk’s employment at the camp, rather than his involvement in specific murders, was enough to implicate him in the killings committed there. Demjanjuk was sentenced to five years of imprisonment for helping the Nazis kill almost 30,000 Jews during his time at the Sobibór extermination camp in German-occupied Poland during World War II. Demjanjuk was sentenced to five years in jail, which seems a bit unfair given the extent of the crimes, but at 91 a life sentence could possibly only be a few more years than that.

It’s frustrating to know that people like Groening and Demjanjuk were able to live long lives without answering for what they had done. I know that it is difficult to really say what they actually took part in and how much fear they may have had if they went against Hitler, but at some point they made a decision to participate, and that is something they have to pay for. There can be so much hatred and evil in a single person.

There are still more than 20 people remaining for the German courts to prosecute in conjunction to war crimes from War World II, but for now focusing on Oskar Groening is good enough. Every family deserves justice when it comes to the death of loved ones.

In Oskar Groening’s case it isn’t just the families who deserve justice — it is the entire world.

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Allison Dawson (@AllyD528) Born in Germany, raised in Mississippi and Texas. Graduate of Texas Tech University and Arizona State University. Currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative.

Featured image courtesy of [leliebloem via Flickr]

Allison Dawson

Allison Dawson was born in Germany and raised in Mississippi and Texas. A graduate of Texas Tech University and Arizona State University, she’s currently dedicating her life to studying for the LSAT. Twitter junkie. Conservative. Get in touch with Allison at staff@LawStreetMedia.com.

The post 93 Year Old Charged With 300,000 Counts of Accessory to Murder appeared first on Law Street.