8.Final Sentencing Instructions — Unanimity and Individual Judgment

THE COURT: Jurors, I'm going to just complete my instructions with a few relatively brief remarks.

I've outlined for you the rules of law applicable to your consideration of the death penalty and the process by which you should determine the facts and weigh the evidence. And in a few moments, you'll retire to the jury room.

The importance of your deliberations should be obvious. I remind you that you can return a decision sentencing Mr. Tsarnaev to death only if all 12 of you are unanimously persuaded that the death penalty is, in fact, appropriate. And, again, I remind you that no juror is ever required by law to impose a death sentence.

When you're in the jury room, please discuss all aspects of these sentencing issues among yourselves with candor and frankness, but also with a due regard and respect for the opinions of one another. This has been a long case, and you have spent a lot of time together as jurors. Regardless of any personal regard you may have for each other, you must each decide this case for yourself. No juror should surrender his or her own conscientious conclusion merely because other jurors might feel otherwise or simply to get to a unanimous decision.

Remember that the parties and the Court are relying on you to give full, considered and mature consideration to the question of sentencing. By so doing, you carry out, to the fullest, your oath as jurors, that you will well and truly try the issues of this case and render a just verdict.

As with the prior phase, if it becomes necessary during your deliberations to communicate with me for any reason, simply send a note signed by the foreman of the jury. If you send a note, do not indicate any decision-making on any of the issues that are before you or provide any details about your progress. And additionally, do not attempt to communicate with the Court or any other court personnel, except the court security officer by telling him that you have the need for him to convey it, other than in writing, a signed writing. There will be no oral communications. Any questions you have, you should present in writing.

When you have reached a decision, send me a note signed by the foreman that you have reached a decision. Do not indicate on the note what the decision is. And in no communication with the Court prior to a verdict should you ever give a numerical count of where the jury stands in its deliberations on any issue.

Whichever decision you reach, the foreman must also sign and fill out the verdict form accordingly, according to the verdict, and be prepared to report to the Court your findings as to the issues in the verdict form, the defendant's age, the gateway, aggravating and mitigating factors and your sentencing decision.

As we did in the prior phase, you will have an envelope in the room that at the end of the day, each day, as you deliberate, you will put the verdict slip inside the envelope and seal it, and it will remain sealed and be returned to you in a sealed condition the following day and you will remove it from the envelope yourselves.

I note for the record that you will not have your cellular phones, PDAs or other electronic devices during the deliberations. I understand they have already been collected from you and will not be returned to you until the court recesses each day.

Of course, as I previously said, it would be improper and a violation of your oath as a juror to conduct any outside research or investigation on the Internet or otherwise to -- or otherwise, or to communicate with anyone, including your fellow jurors, outside the deliberations conducted by the jury as a whole in the jury room.

As in the first phase, only 12 jurors will be deliberate. The alternates remain important because you may be called to serve in the event that a deliberating juror is no longer able to participate in the deliberations. But as before, the alternate jurors will be separated from the deliberating jurors during the deliberations.

And among the alternate jurors, you're not to discuss anything about the case or the penalty among each other. In other words, you're not to act as if you were also a deliberating jury.

When the court is in session, you will return to the courtroom as well so that you may hear any responses to jury questions and any other remarks that are necessary from me. Let me conclude by reminding you again that nothing I have said in my instructions and nothing I've done or said during the course of the trial has been said or done to suggest to you what I think the outcome should be. What the sentencing decision should be is your exclusive duty and responsibility.

Let me see counsel again at the side, please.