From the editorial board of the Boston Globe:
As the trial now moves into its sentencing phase — the jury must unanimously vote to execute Tsarnaev, or else he will receive a life sentence — the defense team may also raise legal mitigating factors. Tsarnaev was 19 at the time of the bombing; he was apparently a heavy drug user; he had no prior criminal record. By themselves, none of these would seem like a particularly good reason to spare him, but taken as a whole, and alongside evidence of his brother’s dominant role, they should plant seeds of doubt. In sorting through such life-and-death considerations, jurors face an unenviable task — and mixed precedent. The Oklahoma City bomber, Timothy McVeigh, was put to death. The Unabomber, Ted Kaczynski, wasn’t. Tsarnaev obviously should spend the rest of his life in prison. His defense has already made a good case that he does not meet the exceptionally high standards for a federal execution.