A jury found Boston Marathon bomber Dzhokhar Tsarnaev guilty on all 30 charges yesterday, which included conspiracy and use of a weapon of mass destruction -- offenses punishable by death.
The case will now move to a second phase of the trial to decide whether he should receive the death penalty or spend life in prison.
Judge Andrew Napolitano said on "Fox and Friends" this morning that there are aggravating and mitigating factors in which the jury will have to weigh to decide his sentence.
"People need to know that the jurors aren't going to be sitting around in a room deciding how much they hate him, how evil he is, how heinous and cruel his behavior was and whether he should die for it," he said.
Napolitano explained that jurors are required to answer a series of questions that will be presented to them.
"First are aggravating factors, these are in the statute, these require the jurors to assess how did these people die, how heinous and cruel was it, what was the nature of his personal involvement, and were the victims chosen because they were particularly vulnerable," he said.
The mitigating factors are presented by Tsarnaev's defense lawyers, which question if he was personally involved in this, whether the duress was imposed by his brother and did he act on his own free will, Napolitano stated.
He said the jury has to weigh the aggravating factors against the mitigating factors to decide if Tsarnaev will spend life in prison or face the death penalty.
Napolitano added that in some respects, spending life in prison at the federal prison in Colorado would be "a more severe penalty for him."
"He'll never see the light of day, literally for the rest of his life," he said.
Watch the video above to hear more.
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