The United States Supreme Court is facing, yet again, the controversial question of the death penalty. This time, the issue arises in a high-profile case coming out of the District of Massachusetts: the prosecution of Dzhokhar Tsarnaev for participating, with his older brother Tamerlan (who died in a shootout with police), in the bombing at the Boston Marathon finish line that killed three people and injured more than 260 others. The jury recommended that the judge sentence him to death, which District Court Judge George O’Toole did. However, on July 31, 2020, the Court of Appeals, while upholding the guilty verdict, vacated the death penalty on the ground that Judge O’Toole had failed to sufficiently question the jurors about their knowledge of highly publicized aspects of the crime. As a result, Tsarnaev will spend the rest of his life in a federal “supermax” prison, probably the one in Florence, Colo. — provided that the Supreme Court does not step in to reverse the First Circuit a...