# Why did Rudolph Giuliani testify at the Moussaoui trial?

**URL:** <https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632>\
**Category:** Factual Questions\
**Created:** [April 6, 2006, 9:45pm UTC](https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632 "2006-04-06T21:45:29Z")\
**Posts on this page:** 4\
**Page:** 2

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**Author:** ![Cartooniverse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cartooniverse/32/3084_2.png) [@Cartooniverse](https://boards.straightdope.com/u/Cartooniverse)\
**Post date:** [April 8, 2006, 5:43pm UTC](https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632/21 "2006-04-08T17:43:42Z")

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I had no idea the prosecutors were presenting that second theory as well. Thank you for bringing that to the fore. I have to admit, it changes what I think about his testifying.

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**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\
**Post date:** [April 9, 2006, 8:15pm UTC](https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632/22 "2006-04-09T20:15:06Z")

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When deciding whether or not Zacharias Moussaoui was eligible for the death penalty, the jury had to answer four questions. In order to be found eligible, the answer to all four questions had to be “yes.”

The first question asked was whether or not Moussaoui was eighteen years of age or older at the time of the offense. Since Moussaoui was born on May 30, 1968, there is no doubt that he was eighteen. In fact, I’m fairly certain that the defense would have conceded the point.

However, what if (for some inexplicable reason) the jury came back with a no on this question. Can the judge reverse a clearly counter-factual jury finding?

Zev Steinhardt

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**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\
**Post date:** [April 9, 2006, 8:18pm UTC](https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632/23 "2006-04-09T20:18:56Z")

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I’m sorry. That was supposed to be the start of a new thread. Please disregard… I’ll start the thread elsewhere.

Zev Steinhardt

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**Author:** ![Hypnagogic\_Jerk](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hypnagogic_jerk/32/4252_2.png) [@Hypnagogic\_Jerk](https://boards.straightdope.com/u/Hypnagogic_Jerk)\
**Post date:** [April 10, 2006, 1:53am UTC](https://boards.straightdope.com/t/why-did-rudolph-giuliani-testify-at-the-moussaoui-trial/351632/24 "2006-04-10T01:53:55Z")

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> [@Reloy3](#):
>
> Under the applicable law, there are many factors the jury may weigh in determining if the death penalty should be applied, but those factors are specifically set out. The prosecutors seem to be focusing on one factor, whether the deaths Moussaoui could have prevented were inflicted in such a way as to cause unwarranted pain or suffering in the victims.

If I understand your post correctly, there are a number of factors specifically laid out in the law that jurors have to consider when deciding if a crime warrants the death penalty, and if, in their opinion, the crime does meet these factors, they must give the death penalty. So a juror that is personally opposed to the death penalty in all cases would still have to consider these factors and recommend the death penalty if they are met. Am I correct?

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