Looks like Boston Marathon Bombers are caught - Sunil Tripathi & Mike Mulugeta

[I B Hankering]

Originally Posted by ExNYer

He absolutely should receive due process.

But, whether he will or not is a matter of probabilities that are mostly controlled by him. If he surrenders, he will get due process.

Dzhokhar Tsarnaev wasn't Mirandized -- U.S.' justice has already stumbled.

[cptjohnstone]

the female attorney said they do not have to for the first 50 minutes

[trynagetlaid]

Originally Posted by I B Hankering

Dzhokhar Tsarnaev wasn't Mirandized -- U.S.' justice has already stumbled.

He hasn't even been questioned yet - he's got a hole in the back of his neck.

They're doing everything they can to keep him alive and get him well - that's better treatment than he would get in a lot of countries.

[Guest032516]

Originally Posted by I B Hankering

Dzhokhar Tsarnaev wasn't Mirandized -- U.S.' justice has already stumbled.

He doesn't have to be Mirandized.

There is a very limited public safety exception to Miranda that allows the police to ask certain kinds of questions before Miranda warnings are given. The questions have to have the very limited purpose of allowing police "to secure their own safety or the safety of the public" were permitted under the public safety exception.

There is a detailed explanation here:

http://www.fbi.gov/stats-services/pu...1/legal_digest

The exceptions all seem to be related to asking arrested suspects where they stashed or dumped weapons or bombs.

The US v. Khalil case involved asking a suspect about how to disarm his bombs and how many there were.

I imagine the police and FBI are/were going to question the marathon bomber(s) about where other bombs might be and how to disarm them.

That may not apply now. Too much time may be gone by and it may be assumed that any bombs that he threw out of the getaway car would have been found or detonated by now. So, unless they find another bomb and for some reason cannot dispose of it, then they may question him without reading him his rights.

[I B Hankering]

Originally Posted by cptjohnstone

the female attorney said they do not have to for the first 50 minutes

Originally Posted by trynagetlaid

He hasn't even been questioned yet - he's got a hole in the back of his neck.

They're doing everything they can to keep him alive and get him well - that's better treatment than he would get in a lot of countries.

Why Should I Care That No One’s Reading Dzhokhar Tsarnaev His Miranda Rights?

When the law gets bent out of shape for him, it’s easier to bend out of shape for the rest of us.

Dzhokhar Tsarnaev will not hear his Miranda rights before the FBI questions him Friday night. He will have to remember on his own that he has a right to a lawyer, and that anything he says can be used against him in court, because the government won’t tell him. This is an extension of a rule the Justice Department wrote for the FBI—without the oversight of any court—called the “public safety exception.”

. . . . Holder started talking about a bill to broadly expand the exception to Miranda a few months later. Nothing came of that idea, but in October of 2010, Holder’s Justice Department took it upon itself to widen the exception to Miranda beyond the Supreme Court’s 1984 ruling. “Agents should ask any and all questions that are reasonably prompted by an immediate concern for the safety of the public or the arresting agents,” stated a DoJ memo to the FBI that wasn’t disclosed at the time. Again, fine and good. But the memo continues, “there may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government's interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation.”

Who gets to make this determination? The FBI, in consultation with DoJ, if possible. In other words, the police and the prosecutors, with no one to check their power.
http://www.slate.com/articles/news_and_politics/jurisprudence/2013/04/dzhokhar_tsarnaev_and_miranda_ rights_the_public_safety_excep tion_and_terrorism.html

Originally Posted by ExNYer

He absolutely should receive due process. . . . If he surrenders, he will get due process.

≠

Originally Posted by ExNYer

He doesn't have to be Mirandized.

[CuteOldGuy]

I really don't believe this discussion. You people seriously think it is ok to question a suspect concerning evidence to be used against him, without counsel?

I support the public safety exception when the danger is imminent, but that is not the case here.

I grieve for my country.

[Yssup Rider]

Something else you don't believe.

More evidence that you are a man of no beliefs!

Whiny, your country unclogs it's nose at you!

[Chica Chaser]

Originally Posted by trynagetlaid

He hasn't even been questioned yet - he's got a hole in the back of his neck.

They're doing everything they can to keep him alive and get him well - that's better treatment than he would get in a lot of countries.

I wonder who is picking up the bill for the medical expenses?
Would a student have health insurance? I'm trying to remember what I had in college, think I was still on my folks plan.

[acp5762]

Originally Posted by Chica Chaser

I wonder who is picking up the bill for the medical expenses?
Would a student have health insurance? I'm trying to remember what I had in college, think I was still on my folks plan.

He's basically a dead man walking if, you know what I mean.

[Yssup Rider]

Originally Posted by acp5762

He's basically a dead man walking if, you know what I mean.

I guess that means you don't believe ALL Americans deserve to receive due process, huh, GOOB?

[CuteOldGuy]

Which is the point I was making, Assup, and you flamed me for it. Worst case of intentional ignorance I've seen, Assup. You need help, buddy.

[Guest032516]

Originally Posted by I B Hankering

≠

Actually, according to the U.S. Supreme Court, he IS still getting due process, even if they don't give him his Miranda warnings before asking him is there are other bombs out there.

Maybe not according to YOU, but according to a number of cases decided by, you know, the HIGHEST COURT IN THE LAND...

[I B Hankering]

Originally Posted by ExNYer

Actually, according to the U.S. Supreme Court, he IS still getting due process, even if they don't give him his Miranda warnings before asking him is there are other bombs out there.

Maybe not according to YOU, but according to a number of cases decided by, you know, the HIGHEST COURT IN THE LAND...

It's your stated positions that are incongruous, and you're obviously having trouble with the definition of "exception."

[trynagetlaid]

Originally Posted by CuteOldGuy

I support the public safety exception when the danger is imminent, but that is not the case here.

That's the stupidest thing you've ever posted on here. What if in his getaway he had dropped a live bomb or left it in someone's garage or stairwell, and some kid comes along and gets blown up by it?

I'm glad we've got sane people making these decisions and not nut cases like you!

[acp5762]

Originally Posted by Yssup Rider

I guess that means you don't believe ALL Americans deserve to receive due process, huh, GOOB?

I do of course.