The opening sentence of the piece really captures it all:
Jurors are being asked to relive the raw emotion of Sept. 11, 2001, as prosecutors argue that Zacarias Moussaoui should be put to death for conspiring with the hijackers.
I caught a bit about this as I was headed out the door this morning that really got me thinking about the sentencing phaseof the trial.
The line I heard as I was leaving echoed the above; it went something like, “Presecutors will attempt to replay the emotion that overtook our nation in the days following September 11, 2001.”
Should that really be the goal? I understand the prosecutors may be out to get as harsh a punishment as possible, but do we really want the sentence for a crime to be dependent upon the emotion evoked by its commission?
Emotionalism works.
I’ve only sat on one jury trial, but I was aghast at how easily my colleagues were swayed by emotional testimony.