In Defense of the Boston Marathon Bomber

[battleax86]

Before anybody's head explodes, no, I'm not trying to defend or justify the actions of that piece of shit. What I'm curious about is how his public defender would go about trying to win his trial, since, you know, that's his job and all. So try to put yourself in that guy's shoes. You're the most junior attorney in the DA's Office (or wherever it is public defenders come from), so you get the unenviable task of representing someone on trial for five counts of capital murder (two of them against cops), probably dozens more of attempted murder, and God knows whatever other charges they can pile on from a very high-profile bombing, shooting spree, and police manhunt. Basically, what would be your defense strategy?

Would you claim insanity?

Coercion by the older brother?

Try to work some sort of plea deal in exchange for a life sentence?

Turn the trial into an indictment of American war policy and hope to God you get a favorable emotional response from the jury?

I'd like to know y'all's thoughts on this.

[The Dharma Bum]

I would try to show that due to youth or some other factor that could affect his decision making ability he was under undue influence of someone he trusted who happened to be a nut. I would also try to show that there would be no way the kid would have attempted this without this undue influence upon his thinking. And trying to gain empathy for the kid as a person would be on the agenda as well, showing his positive contributions or any witnesses that may be inclined to testify on his behalf. Maybe it could save his life.

And I would do it in good conscious because I think that is probably pretty close to the truth.

[Professor]

First off, I defer to the Non on this one. I expect he'll have some better insight than most of us, being a criminal defense attorney.

However, I'd look to the Malvo defense and model it after that. His brother influenced him. He didn't have proper parental direction. Etc.

[The Dharma Bum]

I'm eager to read Non's assessment as well.

[cool_chick]

You should change the subject to legal defense of the ....

[battleax86]

[cool_chick]

[PoS]

Doesnt really matter what his defense is gonna be, he is either gonna get lethal injection or will get shanked by a fellow inmate- his life will be over soon.

[cool_chick]

"Brainwashing" may be a possible argument? That would be interesting to see play out. Would that fall under the "insanity" argument (probably not). If I was his attorney, I would say plea....

[Stratego]

There was a report that he shot at his brother Tamerlan when he got out of the car. This can be used as evidence that he was one of the victims and was angry at what Tamerlan did. If I had to defend him I'd use the "he was just a pawn" defense.