• #14
    We can't be at war with a tactic. We can only be at war with another state.

    These guys are not a state, they are American citizens, like it or not. Therefore, they have all the same rights as you and I.

    This talk of Tsarnaev being enemy combatants is completely, legally, incorrect, EVEN if it is found that they were helped in some way by a foreign nation.
  • #15
    @Food4thoughts - Blowing up people at a marathon because they didn't convert to Islam. There, that's your definition of terrorism.

    Justice? Justice will be defined when this piece of excrement is executed.
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  • #6
    Our dedication to the ideals our nation was founded on is measured best by how hard we work to protect the rights of the most heinous criminals among us. If an evil murdering SOB can get a fair trial, then our Bill of Rights still means something.
  • #92
    Excellent comment. Our legal system has served us well so far and will continue to do so if we will only trust it.
  • #94
    What ever idiot decided to even speak to the kid without Mirandizeing him is a fool. Any and all information, evidence, statements, tactics, will all be tossed out of court as it VIOLATES the CONSTITUTION.

    All I can ask is have you lost your minds?
  • #43
    For everyone calling for the suspect's blood, claiming he has no rights, etc., remember that if you were successful in getting what you want, you would be doing more to undermine the civil rights of every person in the country than any attack by a terrorist ever could.

    It would set a precedent for how every citizen in the country could be handled, should the government wish.

    Be careful what you wish for, you could be next on the docket.
  • #96
    The funny thing is that what they want would be what a country like Iran would do.
  • #27
    FBI didn't want him Mirandized yet, but others criticize 16 hours of pre-Miranda questioning
    OMG!!! How f'en stupid!!!

    Who were the ones criticizing?........Democrats
  • #10
    THIS is EXACTLY why we do NOT Mirandize those suspected of terrorism!
    We invoke the public safety clause and immediately suspend those rights- now, the suspect will obviously clam up, have right to counsel which will keep him silent, and it is too late to re-classify the case as combatant or terrorist since we cannot now prove he was working with or for a larger group!
    The Obama administration and Eric Holder had better know what they are doing or this kid will walk, and set an incredibly troubling message to the world's terrorists, teaching them how to get away with murder in the US.
  • #30
    Actually we risk the exact opposite.. by stretching the exigent circumstance of "public safety" too far, obtaining evidence illegally which could lead to losing the entire case.
  • #32
    As a US citizen, he already had Miranda rights. I'm not condoning his actions but it isn't a case of law enforcement having the authority to "grant" Miranda rights. None of us are subject to law enforcement's decision to not grant is Miranda rights. Law enforcement reads them to arrestees to inform them of their rights. Rights they already had as US citizens. If that weren't the case, law enforcement could deny us those rights. Thats too much authority for my comfort.
  • #37
    Consider the potential ramifications:
    The bombs are DNA sterile. There apparently is no DNA or prints linking this suspect to the bomb(s).
    He was shot by the police who believed he had a weapon, now with no weapon being found. His was shot in the throat leaving him potentially speechless for life. Earlier reports said it was self-inflicted, but if there was no do the math. If things go sideways this will result in the suspect being freed and awarded a huge monetary lawsuit for his injuries...sorry, Boston. Sorry, victims. The kid is free and rich and the US is a laughing stock global target.
    We cannot now link him to a larger plot which may exist and be planning further attacks on US citizens, and you know any competent defense counsel will not allow investigators within 100 yds of the suspect now that he has been Mirandized.
    I am waiting to see how Eric Holder and DoJ plays the next hand.
  • #47
    We have the same investigatory dynamics at play with or without Miranda, the exception being interrogation.
    We can question the suspect at greater length and with greater leeway without Miranda.
    Once you Mirandize the suspect, all manner of restriction comes into play, as it did here, and the suspect clams up. Now we have to work-
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  • #19
    Reading him his Miranda rights doesn't grant them to him. They don't just magically appear when someone reads them out loud. You're thinking of Beatlejuice. (Lol Jon Stewart made that joke. It was pretty funny.) Anyway, every citizen already has Miranda rights. Reading them to a person who is being arrested is only to inform them of their rights.
  • #21
    Which is a really poor plan if you have don't have a good plan concerning the status of the accused. Absent exigent circumstances, questioning someone who is in custody without mirandizing them can jeopardize the entire case.

    Unlike the Guantanamo detainees, if this case was thrown out, we wouldn't be able to hold onto Tsarnaev. He would have to be let go. That would be embarrassing, to say the least.
  • #181
    Even if his confession gets thrown out, I assume the state has enough evidence to convict otherwise. Right?
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  • #5
    So which is it.....that he couldn't talk because he ate a bullet OR that he stopped talking??
  • #247
    He is an American citizen. There was no imminent threat given how much time passed before he was captured. Given that the FBI was wrong and did not belong in the case. He should have been read his rights as soon as possible. Our Constiution should be inviolable.
  • #100
    I knew exactly where this was headed as soon as the word "terrorism" started getting thrown around. Give the kid his trial, lock him up, be done with it.
  • #95
    We have laws, and they should be followed regardless of the crime committed. Tsarnaev is a US Citizen, and he does have rights. The miranda warnings should have been given by the FBI when they started the questioning. He may have refused to talk and that is his right, regardless of how much information he had about the case. The only reason would be a safety issue of the citizens, and then it is confined to immediate harm, not future plans.
  • #217
    I'd like to know about his medical condition specifics and if he has been polluted with heavy narcotics or even denied pain meds. I've not been able to find any reports clearly stating his actual condition other than "serious" and then "critical".

    Unlike most, I've not convicted or even tried him yet and simply would like to know reasonable facts before jumping to any conclusions in this information age of wider spreading enlightenment.

    I can see two scenarios unless his medical condition truly is minor, heavily dosed with narcotics that can illicit even hallucinations or even dubiously induce truth only responses,(they'll never be able to get voice stress analysis from his speech again) or pain relief being with-held in lieu of satisfactory responses.

    Realistically, like 99.99999% of the rest of America, I have no idea what has actually taken place and think many more pieces of factual and verified bits of info should be forthcoming and disclosed. I don't think most are even willing to ask the right questions or make demands for forthright disclosure.
  • #276
    I share your concerns also. The rest of the story probably won't come out until we get closer to trial time and discovery happens, and in most cases we don't get the entire story at that time, only the parts that are relevant to the trial.
  • #28
    He's a bloody terrorist and the world is watching so if we mamby pamby his case, other jihadists will think, no problem easy. America must make a strict example of why such folks should Not mess with us!
  • #22
    This man is still a US citizen regardless if whether he was awarded citizenship or of natural birth. What sort of image are we setting for our justice system if we throw his rights out the door? And what exactly sets him apart from Holmes in Colorado, McVeigh in OK City, etc in being labelled a terrorist? All of these acts were acts of terror. Yet they are all citizens of the United States.
  • #12
    He's a US citizen. His Miranda rights don't magically appear when someone reads them out loud. The reading of Miranda rights is simply to inform the citizen of their rights. It isn't to grant the rights. He had Miranda rights before some 15$ an hour police officer read them to him.
  • #3
    "When he was arrested he had no gun on him, and so he did not return the police's fire, as earlier reports alleged."

    He and his speed-bump brother double tapped a cop to try to get his side arm but it turned out to be locked in his holster.
  • #16
    I love how they tried to throw an M4 in there for added effect! "This should fuel the gun control legislation again!" BWAAAHAHAHAHA!
  • #258
    And? The man has rights, no matter how guilty he may appear. Among them are Miranda, and the presumption of innocence until being proven guilty in a court of law.
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