Boston Marathon bombing

== Legal proceedings ==

=== Interrogation ===
United States Senators [[Kelly Ayotte]], [[Saxby Chambliss]], [[Lindsey Graham]], and [[John McCain]], and Representative [[Peter T. King]] suggested that Dzhokhar Tsarnaev, a U.S. citizen, should be tried as an [[unlawful combatant|unlawful enemy combatant]] rather than as a criminal, potentially preventing him from obtaining [[Assistance of Counsel Clause|legal counsel]].<ref name="AutoLC-91" /><ref name="AutoLC-92" /> Others said that doing so would be illegal, including prominent American legal scholar and lawyer [[Alan Dershowitz]], and would jeopardize the prosecution.<ref name="AutoLC-93" /><ref name="AutoLC-94" /> The government decided to try Dzhokhar in the federal criminal court system and not as an enemy combatant.<ref name="CNN220130423" />

Dzhokhar was questioned for 16 hours by investigators but stopped communicating with them on the night of April 22 after Judge Marianne Bowler read him a [[Miranda warning]].<ref name="Gorman" /><ref name="AutoLC-103" /> Dzhokhar had not previously been given a Miranda warning, as federal law enforcement officials invoked the warning's [[public safety exception]].<ref name="AutoLC-90" /> This raised doubts whether his statements during this investigation would be admissible as evidence and led to a debate surrounding Miranda rights.<ref><!-- this article's misspelling of "Dzhokhar" is {{sic}} -->{{cite news|title=The Right to Remain Silent: Dzokhar Tsarnaev, the Public Safety Exception, and Miranda in a post-911 World|url=http://www.marathonlawdenver.com/2013/04/22/dzokharpublicsafetyexceptionmiranda/|newspaper=Marathon Law|archive-url=https://web.archive.org/web/20130613153900/http://www.marathonlawdenver.com/2013/04/22/dzokharpublicsafetyexceptionmiranda/|date=April 22, 2013|archive-date=June 13, 2013|access-date=April 10, 2015}}</ref><ref>{{cite news|last=Cohen|first=Andrew|title=Tsarnaev Without Tears: The Legal Way Forward|url=https://www.theatlantic.com/national/archive/2013/04/tsarnaev-without-tears-the-legal-way-forward/275160/|newspaper=The Atlantic|date=April 20, 2013 |access-date= April 11, 2015}}</ref><ref>{{cite news|last=Bazelon|first=Emily|title=Why Should I Care That No One's Reading Dzhokhar Tsarnaev His Miranda Rights?|url=http://www.slate.com/articles/news_and_politics/jurisprudence/2013/04/dzhokhar_tsarnaev_and_miranda_rights_the_public_safety_exception_and_terrorism.html|newspaper=Slate|date=April 19, 2013 |access-date= April 11, 2015}}</ref>

=== Charges and detention ===
[[File:Dzhokhar Tsarnayev (crop).jpg|140px|Dzhokhar Tsarnaev in a court holding cell on July 10, 2013| thumb]]
On April 22, 2013, formal criminal charges were brought against Tsarnaev in the [[United States District Court for the District of Massachusetts]] during a bedside hearing while he was hospitalized. He was charged with use of a [[weapon of mass destruction]] and with malicious destruction of property resulting in death.<ref name="DOJ affidavit" /> Some of the charges carried potential sentences of [[life imprisonment]] or the [[Capital punishment in the United States|death penalty]].<ref name="USC2332" /> Tsarnaev was judged to be awake, mentally competent, and lucid, and he responded to most questions by nodding. The judge asked him whether he was able to afford an attorney and he said no; he was represented by the [[Federal Public Defender's Office|Federal Public Defender]]'s office.<ref name="AutoLC-96" /> On April 26, Dzhohkar Tsarnaev was moved from Beth Israel Deaconess Medical Center to the [[Federal Medical Center, Devens|Federal Medical Center]] at [[Fort Devens]], about {{convert|40|mi|km}} from Boston. FMC Devens is a federal prison medical facility at a former Army base<ref name="AutoLC-97" /> where he was held in solitary confinement at a segregated housing unit<ref>{{cite news|url=https://www.cbsnews.com/8301-201_162-57581768/boston-bomb-suspect-in-small-cell-with-steel-door/ |title=Boston bomb suspect in small cell with steel door |work=CBS News |date=April 27, 2013 |access-date=May 17, 2013}}</ref> with 23-hour-per-day lockdown.<ref>{{cite web|url=http://www.talkleft.com/story/2013/4/28/32151/9400/terrortrials/Dzhokhar-Tsarnaev-in-Solitary-at-Devens-Segregated-Housing-Unit |title=Dzhokhar Tsarnaev in Solitary at Devens' Segregated Housing Unit – TalkLeft: The Politics Of Crime |publisher=TalkLeft |date=April 28, 2013 |access-date=May 17, 2013}}</ref>

On July 10, 2013, Tsarnaev pleaded not guilty to 30 charges in his first public court appearance, including a murder charge for MIT police officer Sean Collier.<ref>{{cite news|url=http://www.cbc.ca/news/world/story/2013/07/10/boston-marathon-bombing-court-appearance.html|title=Boston Marathon bombing suspect pleads not guilty|date=July 10, 2013|work=cbc.ca|access-date=April 8, 2015}}</ref> He was back in court for a status hearing on September 23,<ref>[http://bostonherald.com/news_opinion/local_coverage/2013/08/court_papers_say_dzhokhar_tsarnaev_had_fractured_skull_hand "Court papers say Dzhokhar Tsarnaev had fractured skull, hand after manhunt"] by Laurel J. Sweet, ''The Boston Herald''.</ref> and his lawyers requested more time to prepare their defense.<ref>{{cite news|last=Stanglin|first=Doug|title=Tsarnaev lawyers ask for more time|url=https://www.usatoday.com/story/news/nation/2013/09/23/boston-bombing-dzhokhar-tsarnaev-death-penalty/2854293/|newspaper=USA Today|date=September 23, 2013 |access-date= April 11, 2015}}</ref> On October 2, Tsarnaev's attorneys asked the court to lift the [[special administrative measure]]s (SAMs) imposed by Attorney General Holder in August, saying that the measures had left Tsarnaev unduly isolated from communication with his family and lawyers, and that no evidence suggested that he posed a future threat.<ref>{{cite news|title=Tsarnaev lawyers want prison restrictions eased|first=Milton J.|last=Valencia|date=October 2, 2013|work=[[The Boston Globe]] | url=https://www.bostonglobe.com/metro/2013/10/02/dzhokhar-tsarnaev-prison-restrictions-should-eased-attorneys-argue/j14fAHkT50moW41NbxDDGM/story.html}}</ref>

=== Trial and sentencing ===
{{Main|Trial of Dzhokhar Tsarnaev}}

Jury selection began on January 5, 2015, and was completed on March 3, with a jury consisting of eight men and ten women (including six alternates).<ref>{{cite web|url=https://www.bostonglobe.com/metro/2015/02/20/opening-statements-tsarnaev-trial-could-begin-early-march-official-says/4TZWH4KMZY2nXaHLPywTMN/story.html|title=Opening statements in Tsarnaev trial could begin in early March, official says – Metro – The Boston Globe|work=BostonGlobe.com|access-date=April 8, 2015}}</ref> The trial began on March 4 with Assistant U.S. Attorney William Weinreb describing the bombing and painting Dzhokhar as "a soldier in a [[Jihad|holy war]] against [[Americans]]" whose motive was "reaching [[Jannah|paradise]]". He called the brothers equal participants.<ref name=trial>{{cite conference|section-url=https://s3.amazonaws.com/s3.documentcloud.org/documents/1681443/tsarnaev-dzkokhar-trial-transcript-3-4-2015.pdf|title=United States v. Dzhokhar A. Tsarnaev|section=Excerpt Jury Trial Day Twenty-Seven: Opening Statement by Mr. Weiner |id=No. 13-cr-10200-GAO|date=March 4, 2015}}</ref>

Defense attorney [[Judy Clarke]] admitted that Dzhokhar Tsarnaev had placed the second bomb and was present at the murder of Sean Collier, the carjacking of Dun Meng, and the Watertown shootout, but she emphasized the influence that his older brother had on him, portraying him as a follower.<ref>{{cite conference|chapter-url=https://s3.amazonaws.com/s3.documentcloud.org/documents/1681442/tsarnaev-dzkokhar-trial-transcript-3-4-2015-clarke.pdf |title=United States v. Dzhokhar A. Tsarnaev |section=Excerpt Jury Trial Day Twenty-Seven: Opening Statement by Ms. Clarke |id=No. 13-cr-10200-GAO|date=March 4, 2015}}</ref> Between March 4 and 30, prosecutors called more than 90 witnesses, including bombing survivors who described losing limbs in the attack, and the government rested its case on March 30.<ref>{{cite news|url=http://www.cnn.com/2015/03/30/us/tsarnaev-boston-marathon-bombing-prosecution-ending/|title=U.S. ends Boston bombing case with grisly photos – CNN.com|author=Ann O'Neill, CNN|date=March 30, 2015|work=CNN|access-date=April 8, 2015}}</ref> The defense rested as well on March 31, after calling four witnesses.<ref>{{cite web|url=https://www.bostonglobe.com/metro/2015/03/31/that-all-you-got/Rhw3hu59FPhA0xcrarCzOJ/story.html|title=Tsarnaev defense was able to plant seeds of doubt – Metro – The Boston Globe|work=BostonGlobe.com|access-date=April 8, 2015}}</ref>

Tsarnaev was found guilty on all 30 counts on April 8.<ref>{{cite news|last1=Sweet|first1=Laurel J.|title=Dzhokhar Tsarnaev convicted on all charges in Boston Marathon bombing trial|url=https://www.bostonherald.com/news_opinion/local_coverage/2015/04/dzhokhar_tsarnaev_convicted_in_boston_marathon_bombing_trial|access-date=April 8, 2015|work=[[Boston Herald]] | agency=Herald Media Inc.|date=April 8, 2015|location=United States}}</ref>  The sentencing phase of the trial began on April 21,<ref>{{Cite web|date=2015-04-10|title=Boston Bombing Trial: Penalty Phase to Begin on April 21, Judge Orders|url=https://www.nbcnews.com/storyline/boston-bombing-trial/boston-bombing-trial-penalty-phase-begin-april-21-judge-order-n339406|access-date=2021-10-11|website=[[NBC News]]}}</ref> and a further verdict was reached on May 15 in which it was recommended that he be put to death.<ref>{{cite news|url=https://www.bbc.co.uk/news/world-us-canada-32762999|title=Boston in shock over Tsarnaev death penalty|work=BBC News|date=May 16, 2015}}</ref> Tsarnaev was sentenced to death on June 24, after apologizing to the victims.<ref>{{cite web|url=https://abcnews.go.com/US/smiling-laughing-tsarnaev-faces-formal-sentencing-boston-bombing/story?id=31992130|title=Dzhokhar Tsarnaev Apologizes for Boston Marathon Bombing|work=ABC News|date=June 24, 2015}}</ref> In 2018 Tsarnaev's lawyers appealed on the grounds that a lower-court judge's refusal to move the case to another city not traumatized by the bombings deprived him of a fair trial.<ref>{{cite web|url=https://www.cnbc.com/2018/12/27/boston-marathon-bomber-appeals-conviction-death-sentence.html|title=Boston Marathon bomber appeals conviction, death sentence|work=CNBC News|date=December 27, 2018}}</ref>

On July 30, 2020, Tsarnaev's death sentence was reversed by the [[United States Court of Appeals for the First Circuit]], which found that, during jury selection, the District Court did not properly screen prospective jurors on how much they had heard of the case. The First Circuit vacated the death sentence and three of the other thirty convictions against Tsarnaev, and ordered a new penalty phase jury trial with fresh jurors, leaving the decision of a new change of venue to the District Court. Tsarnaev's remaining convictions still carried multiple life sentences, ensuring that he would remain in prison regardless of the results of the new trial.<ref name="cnn appeal july312020">{{cite web | url = https://www.cnn.com/2020/07/31/us/boston-marathon-bomber-dzhokhar-tsarnaev-sentence-vacated/index.html | title = Appeals court vacates Boston Marathon bomber's death sentence, orders new penalty trial | first = Sonia | last = Monge | date = July 31, 2020 | access-date = August 1, 2020 | work = [[CNN]] }}</ref> The United States government appealed this ruling to the [[U.S. Supreme Court]], which granted certiorari in the case ''United States v. Tsarnaev'' in March 2021, which was argued before the Court on October 13, 2021.<ref name=":0">{{cite news | url = https://www.cnn.com/2021/03/22/politics/boston-marathon-supreme-court-death-penalty/index.html | title = Supreme Court agrees to review Boston Marathon bomber's death penalty case | first = Arinna | last = de Vogue |date = March 22, 2021 | access-date = March 22, 2021 | work = [[CNN]] }}</ref> On March 4, 2022, the Supreme Court reversed the decision of the First Circuit and reinstated Tsarnaev's death penalty.<ref>{{cite web | url = https://www.cnn.com/2022/03/04/politics/tsarnaev-supreme-court/index.html | title=Supreme Court upholds death sentence of Boston Marathon bomber Dzhokhar Tsarnaev| first=Ariane | last = de Vogue| date=March 4, 2022 | access-date=March 4, 2022| work=[[CNN]] }}</ref><ref name=":2" />