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Psychological, physical violence, sexual violence in their background. however, i'm kind of tough on this because i still don't believe it should be a mitigating factor. they still have the ability to make choices and it's free will and they're making these choices and it's the wrong choices. >> let's just turn to the boston bombing suspect. this confession apparently has been found in the boat where he was hiding. how significant will that be to the case? on the face of it, it is his admission of guilt, and he details motive, him and his brother were apparently avenging the killing of muslims...

>> reporter: maybe that's why jodi said in the interview, i have no mitigating factors t. statutory mitigating factors, i would think the defense would bring in the tears you saw on the stand when travis' name was mentioned. when the injuries to travis were documented in court. she was crying during that time. one statutory mitigating factor is her age. apparently, that is not going to be available to the defense, but they have to argue i think an argument that she is 32-years-old. she's not 72-years-old. she's 32-years-old. i think they'll bring that in. >> wow, you know, i'll tell you what, ...

Be especially heinous. i think they have got it. that doesn't mean she gets death. that doesn't mean that they sentence her to death. >> no. >> how do they stop a death penalty recommendation or death penalty verdict at that point, jonna. >> she might have to get on the stand again, painfully, this time hopefully not for 18 long days and beg for mercy. giving interviews saying i don't want mercy, i want to die. get on the stand never mind all of that i really do want to live mission meigs convince us whether we should sentence her to death or life in prison? >> mitigating or i just don't want ...

Mitigating factor at sentencing, i think, should he be convicted of this, but as the guilt/incense stage of the trial, i don't know that youth is going to have a lot to do with it. i don't think that a jury is going to care too much about how old he is. he's 19 years old, an adult. it would something that i would be looking at, but i really don't think that it's the big smoking gun here for him. >> well, what about -- what about the alleged role of the older brother tamerlan. could lawyers perhaps argue that the older brother brainwashed his younger brother, larry? >> well, we don't know enoug...

A problematic child. i'm sure that jodi arias was suicidal and difficult within the family setting. >> judge jeanine: why are you so sure? >> ive again the family history. the fact that she had a difficult relationship with both her parents. didn't feel close with either one of them. i imagine she burned out both her parents. i'm sure they tried to help her. >> judge jeanine: does she is siblings? >> three or four, i think. >> how dom we haven't heard from them? >> you will hear from them in the death penalty phase. that will be a mitigating factor. why put her to death. if you don't is mercy ...