A decades-long opponent of the death penalty, I could not feel satisfaction at the sentence meted out to Dzhokhar Tsarnaev on Friday. And my sentiment was shared by many Bostonians, indeed the overwhelming majority according to a Boston Globe poll, “that found little support for the death penalty in general [but] even less when it came to Tsarnaev.” My view was precisely expressed by New York magazine editor Jesse Singal, who wrote
When I saw that Dzhokhar Tsarnaev had been sentenced to death, a cold, queasy feeling settled in my gut, and I got very sad. From a certain perspective, this doesn’t make much sense — Tsarnaev murdered people in cold blood, and if anyone deserves the death penalty, it’s him. And yet I couldn’t — can’t — shake the feeling that the U.S. government is going to commit a barbaric wrong. And I’m far from the only Bostonian who feels this way — most of us don’t want to kill Tsarnaev.
In one of my Boston bomber posts of two years ago, I remarked that the younger Tsarnaev was, at that moment, 19-years-old, the same age as my daughter, and that my daughter was—for me, at least—a kid. 19-year-olds do not hatch terrorist attacks; they are recruited into them, and/or brainwashed into participating. In a trial, this is a manifest attenuating circumstance. Tsarnaev should clearly spend the better part of his life in prison for his participation in the bombing and for the killing and maiming it sowed. But he should not be judicially murdered for it. Nor put in a Super Max prison and/or solitary confinement, both a manifest violation of the Eighth Amendment of the Constitution.
Writing in Slate, Russian-American journalist Masha Gessen, looking at the jury, pins the responsibility for the verdict on the prosecution, which “framed Dzhokhar Tsarnaev as an enemy combatant, [thus] help[ing] seal his fate.”
Also in Slate, writer Seth Stevenson ponders “[t]he baffling reasoning of the jury that just sentenced Dzhokhar Tsarnaev to death.” In his commentary, Stevenson concludes with a reference to the trial in Harper Lee’s To Kill Mockingbird, of a black man in a small town in Alabama in the 1930s. As it so happens, I just finished reading this great American novel (and for the very first time). If any Americans reading this post have not read Harper Lee’s chef d’œuvre, they are strongly encouraged to do so. Not only does the novel offer what is probably the best, most dead-on accurate depiction of life in the Deep South in its era that one will find in a work of fiction, but is also a backhanded argument for abolishing the death penalty, as popular juries should never, ever have a say over the life or death of a man. C’est tout c’que j’ai à dire.