# Dzhokhar Tsarnaev: Should and Will He Get the Death Penalty?

**URL:** <https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384>\
**Category:** In My Humble Opinion\
**Created:** [April 22, 2013, 6:48am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384 "2013-04-22T06:48:35Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 22, 2013, 6:51pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/41 "2013-04-22T18:51:46Z")

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> [@Justin\_Bailey](#):
>
> Your premise is faulty. Or else you purposely missed this post:

I did miss that.

> [@](#):
>
> Originally Posted by Baal Houtham  
> I don’t think he should. He just seems like a stupid, stupid kid. Not evil.

I’m going with evil, and he’s not a kid. He’s old enough to vote or to be fighting in a war in Afghanistan.

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**Author:** ![Blaster\_Master](https://avatars.discourse-cdn.com/v4/letter/b/cab0a1/32.png) [@Blaster\_Master](https://boards.straightdope.com/u/Blaster_Master)\
**Post date:** [April 22, 2013, 7:06pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/42 "2013-04-22T19:06:44Z")

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> [@Doggo](#):
>
> Death is too good for terrorists. They should be kept in isolation without any form of entertainment till they die.

> [@PurpleClogs](#):
>
> Life, no parole. Death is too kind.

> [@alphaboi867](#):
>
> Agreed. He’s only 19 so he could spend the next 60-70 yrs in a concrete cell.

I often hear one of the reasons that people oppose the death penalty is because it is a form of revenge, and then I see posts like this. IMO, our motivation should be justice, without revenge. So he either justly should be executed, or not. If we try to inflict maximum harm to him, we’re really not doing much to demonstrate that we, as a society, are better than these groups of people that we condemn.  
As far as law goes, I understand that he will be charged with federal crimes that can include the death penalty, and I think the prosecutors, legally, politically, socially, pretty much have to seek the death penalty. Assuming that he is found guilty of the crimes of which he is accused, he’ll probably be executed.

As far as whether he should be, in my opinion, the only just punishment for the intentional premeditated murder of another human is execution. Whether or not absolute justice is a virtue worth upholding in a case like this may be something else worth discussing, when accounting for errors or mercy or whatnot, but that’s a bit different. It’s really hard to imagine that, again assuming he’s found guilty as charged, that he could help build and set explosives, especially the types they used with shrapnel, and not believe it would kill people and and injure countless others. Yes, kids make stupid decisions, but there’s no reasonable way, short of demonstrated mental illness, that he wouldn’t have done that fully aware that people would die. So, yes, I think justice also dictates that he should be executed.

As for whether that’s prudent, I don’t think many people will have doubt that he’s guilty; hell, as far as much of the public is concerned, he’s already convicted. So I don’t think arguments about uncertainty will hold much water. Maybe there will be some other things worth considering, like demonstrating mercy to those, even if they would kill and maim innocents. I don’t know how that may or may not be received, but then you’re also starting to get out of the realm of justice and punishment and into politics and foreign relations.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [April 22, 2013, 7:16pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/43 "2013-04-22T19:16:10Z")

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I was going to say “stupid kid” should be saved for something like getting drunk and puking on his parents’ carpet. People are saying he was very impressionable, and maybe he is. But he helped make tons of bombs and participated in this plot that killed three people and hurt another 170, watched it happen, and was cold blooded enough to go to school and party afterward. You can blame it on stupidity or the older brother, but that sounds like the embodiment of killing without remorse. You can’t grade on a curve just because he’s 19 and goofy looking.

> [@Blaster\_Master](#):
>
> I often hear one of the reasons that people oppose the death penalty is because it is a form of revenge, and then I see posts like this. IMO, our motivation should be justice, without revenge.

I think you probably hear those statements from two different groups of people.

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**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\
**Post date:** [April 22, 2013, 8:36pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/44 "2013-04-22T20:36:13Z")

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I’d like to hear his side of the story first. But, I’m torn about the death penalty in general, and about the implications of either punishment.

On the one hand, I’d hate to send a message to other potential terrorists that you can commit this sort of act and be allowed to live. He certainly didn’t offer up any mercy to his victims, including an 8 year old boy.

On the other hand, I hate that the United States is one of the few civilized countries that still routinely administers the death penalty. It does seem barbaric, no matter if it’s a lethal injection or a mass of people stoning someone to death. And I’m very proud that we live in a country where the aftermath of this tragedy involved throngs of people cheering law enforcement officers on v. marching Tsarnaev through the streets of Boston and dismembering his body.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [April 22, 2013, 8:42pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/45 "2013-04-22T20:42:03Z")

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The DC sniper case may turn out to be a good parallel, where there was a clear (older) leader and a clear (young) follower. The leader got executed and the follower got life in prison (from a jury in Virginia!), partly out of a determination that the younger man was too dumb and impressionable to be held fully responsible. We’ll have to see how the facts shake out in this case, of course.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 22, 2013, 8:48pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/46 "2013-04-22T20:48:52Z")

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> [@Tom\_Tildrum](#):
>
> The DC sniper case may turn out to be a good parallel, where there was a clear (older) leader and a clear (young) follower. The leader got executed and the follower got life in prison (from a jury in Virginia!), partly out of a determination that the younger man was too dumb and impressionable to be held fully responsible. We’ll have to see how the facts shake out in this case, of course.

Malvo was 17 and Tsarnaev is 19. That might make a significant difference in sentencing.

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**Author:** ![Gray\_Ghost](https://avatars.discourse-cdn.com/v4/letter/g/c0e974/32.png) [@Gray\_Ghost](https://boards.straightdope.com/u/Gray_Ghost)\
**Post date:** [April 22, 2013, 8:54pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/47 "2013-04-22T20:54:15Z")

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> [@Tom\_Tildrum](#):
>
> The DC sniper case may turn out to be a good parallel, where there was a clear (older) leader and a clear (young) follower. The leader got executed and the follower got life in prison (from a jury in Virginia!), partly out of a determination that the younger man was too dumb and impressionable to be held fully responsible. We’ll have to see how the facts shake out in this case, of course.

Juries are funny. Per the [wiki](http://en.wikipedia.org/wiki/Lee_Boyd_Malvo) for Malvo, as you note, a VA jury recommended a sentence of life w/o parole for the killing of Linda Franklin. The trials for his other victims were stayed pending the Supreme Court’s ruling in [Roper v. Simmons](http://en.wikipedia.org/wiki/Roper_v._Simmons), which eventually eliminated the death penalty for criminals under 18. As Malvo was 17 or younger at the time they killed their victims, we’ll never know whether another jury would have recommended a death sentence for him. As he was later tried for the other killings, and sentenced to 6 consecutive life w/o parole sentences, I’m not sure how much responsibility the juries felt like removing from Malvo.

Hell of a feat, dodging the death chamber, for his defense counsel though.

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**Author:** ![Disheavel](https://avatars.discourse-cdn.com/v4/letter/d/e274bd/32.png) [@Disheavel](https://boards.straightdope.com/u/Disheavel)\
**Post date:** [April 22, 2013, 9:25pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/48 "2013-04-22T21:25:51Z")

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I really hope they charge him with his brother’s death, too. And make him suffer through the descriptions of his brother’s gruesome death. Some websites are reporting that his driving over Tamerlan and I know that in some states they have murder charges for deaths that occur accidentally during a crime. It would also help to argue that he wasn’t brainwashed by his brother and that he only thought for himself.

But no I don’t think he should or will get the death penalty. No previous infractions and seemingly a well liked human who made an incredibly dumb choice.

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**Author:** ![Disheavel](https://avatars.discourse-cdn.com/v4/letter/d/e274bd/32.png) [@Disheavel](https://boards.straightdope.com/u/Disheavel)\
**Post date:** [April 22, 2013, 9:36pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/49 "2013-04-22T21:36:53Z")

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> [@PunditLisa](#):
>
> On the one hand, I’d hate to send a message to other potential terrorists that you can commit this sort of act and be allowed to live. He certainly didn’t offer up any mercy to his victims, including an 8 year old boy.

I disagree. I think the life in prison is a bigger threat to their life and afterlife plan than execution. They dream of being a martyr, infamous, and a hero in their acts. Making them grow old in an environment where they will be treated like scum is a worst case scenario for them. Look at how the 9/11 hijackers all twenty of them had no problem with death- and all of the suicide bombers elsewhere. A mass casualty event followed by martyrdom by the “enemy” after a trial is the dream scenario to a terrorist… in my opinion.

My apologies for not catching the multiple quotes to which to respond in the same reply.

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**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\
**Post date:** [April 22, 2013, 9:36pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/50 "2013-04-22T21:36:54Z")

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His crime is seen as a crime against the entire country, not just a crime against a few people. Odds are much higher that he will fry for this. It won’t matter how “well liked” he was, and he made an evil, hateful choice, not a “dumb” one.

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**Author:** ![Esco](https://avatars.discourse-cdn.com/v4/letter/e/9de053/32.png) [@Esco](https://boards.straightdope.com/u/Esco)\
**Post date:** [April 22, 2013, 9:42pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/51 "2013-04-22T21:42:06Z")

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Life in jail is a far worse punishment then DP

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**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\
**Post date:** [April 22, 2013, 9:53pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/52 "2013-04-22T21:53:04Z")

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One if the reasons that the brothers were considered suspects was the “revealing reaction” that the younger brother had to the explosions. It could have simply been a lack of surprise, but the fact that they held back whatever the reaction was makes me think it was likely smiling, laughing or otherwise showing some sort of elation that they may not want to reveal to avoid potentially prejudicing the potential jury pool. If so, things may not go well for him.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [April 22, 2013, 10:05pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/53 "2013-04-22T22:05:01Z")

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> [@Disheavel](#):
>
> No previous infractions and seemingly a well liked human who made an incredibly dumb choice.

This is pretty staggering to read. What does his popularity have to do with anything? He didn’t make a dumb choice. A dumb choice sounds like a single action. Making all those explosive devices can’t have been easy. He helped pull off a bombing that killed three people and maimed a bunch more, and that must’ve taken plenty of planning. They were apparently planning to do more. Then there’s the murder of the MIT cop and the carjacking and robbery, and presumably he did his part in trying to kill the cops who tried to arrest them Thursday night, and then tried to kill himself so he wouldn’t get caught. There’s way too much going on there to call it a dumb choice. I’m against the death penalty but the lack of criminal record and the fact that he seemed nice is beside the point.

> [@pravnik](#):
>
> One if the reasons that the brothers were considered suspects was the “revealing reaction” that the younger brother had to the explosions. It could have simply been a lack of surprise, but the fact that they held back whatever the reaction was makes me think it was likely smiling, laughing or otherwise showing some sort of elation that they may not want to reveal to avoid potentially prejudicing the potential jury pool.

No, it was nothing that dramatic or cinematic. If he’d done that someone would have caught him at the scene. He just didn’t react very much to the bombs.

> [@](#):
>
> The surveillance video collected by the FBI showed that for four minutes after he dropped the knapsack, the man in the white hat stood there, looking at and manipulating his cellphone. He appeared to make a call, and then 12 seconds later, the first bomb went off further down the street toward the finish line.
> 
> As the crowd panicked, the suspect “appears calm,” the complaint said. “He glances to the east and then calmly but rapidly begins moving to the west, away from the direction of the finish line. He walks away without his knapsack.”
> 
> Ten seconds later, the second blast went off.

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**Author:** ![Esco](https://avatars.discourse-cdn.com/v4/letter/e/9de053/32.png) [@Esco](https://boards.straightdope.com/u/Esco)\
**Post date:** [April 22, 2013, 10:52pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/54 "2013-04-22T22:52:51Z")

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> [@Marley23](#):
>
> Then there’s the murder of the MIT cop and the carjacking and robbery, and presumably he did his part in trying to kill the cops who tried to arrest them Thursday night

Also, the 2nd cop who got shot lost almost all his blood and is very lucky to be alive

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**Author:** ![Qin\_Shi\_Huangdi](https://avatars.discourse-cdn.com/v4/letter/q/f04885/32.png) [@Qin\_Shi\_Huangdi](https://boards.straightdope.com/u/Qin_Shi_Huangdi)\
**Post date:** [April 22, 2013, 10:57pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/55 "2013-04-22T22:57:15Z")

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Yes, he should. While I no longer support the death penalty in most cases of murder (for the $ and because an innocent person can be killed, not any ethical reasons), I still do support it for those commiting mass murder. In this case the long process of appeals ought to be unnecessary.

That said, I’m not sure if he will considering the shameful plea bargain struck with Jared Loughner.

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**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [April 22, 2013, 11:20pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/56 "2013-04-22T23:20:24Z")

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I do not support the death penalty, so no.

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [April 22, 2013, 11:29pm UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/57 "2013-04-22T23:29:32Z")

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Personally speaking, I’m opposed to the death penalty in any circumstance. Should he be executed, I say no.

Will he be executed? Extremely unlikely. Lets see some statistics.

> **[Federal Death Penalty](https://deathpenaltyinfo.org/state-and-federal-info/federal-death-penalty)**
>
> The Death Penalty Information Center is a non-profit organization serving the media and the public with analysis and information about capital punishment. Founded in 1990, the Center promotes informed discussion of the death penalty by preparing...

In the last 25 years there have been 484 defendants facing capital charges. (Some trials had multiple defendants). Some received lesser sentences, some plea bargained it away, some had the death sentence overturned, a few were found not guilty at trial. Only 3 were actually executed. That includes Timothy McVeigh who volunteered for death.

This kid may be a very bad person, but he is no McVeigh. He won’t be executed.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [April 23, 2013, 9:52am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/58 "2013-04-23T09:52:05Z")

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I am sure they will seek the death penalty, but I am less certain it will be imposed. The love of the death penalty in the US (and many other features of American life) convince me that the US is hardly more civilized than, say, Chechnya. I am an ex-pat American, BTW.

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**Author:** ![Locrian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/locrian/32/14146_2.png) [@Locrian](https://boards.straightdope.com/u/Locrian)\
**Post date:** [April 23, 2013, 11:15am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/59 "2013-04-23T11:15:06Z")

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In this case, I’m a definite NO for the DP. It doesn’t appear he was a ringleader or had his own cause to participate, but that’s just for now. We’ll find out more in time.

What makes it difficult to decide is how he just went back to going to class, hanging out, tweeting, etc, after the bombings happened. Not only that, he had (what I assume) plenty of freaking chances to warn authorities, turn himself and/or his brother in. This is where my sympathy runs down the rabbit hole.

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**Author:** ![DrumBum](https://avatars.discourse-cdn.com/v4/letter/d/e79b87/32.png) [@DrumBum](https://boards.straightdope.com/u/DrumBum)\
**Post date:** [April 23, 2013, 11:39am UTC](https://boards.straightdope.com/t/dzhokhar-tsarnaev-should-and-will-he-get-the-death-penalty/656384/60 "2013-04-23T11:39:54Z")

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I am opposed to the death penalty so I vote for life without the possibility of parole. I can imagine some of the more vengeful politicians will have a lot to say on this trial.

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