# Can anyone explain the significance of not giving the Boston Bomber his Miranda Rights? **URL:** \ **Category:** Factual Questions\ **Created:** [April 20, 2013, 2:59am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185 "2013-04-20T02:59:58Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [April 20, 2013, 2:59am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/1 "2013-04-20T02:59:58Z")
I understand the Feds are claiming urgent National Security. I guess just in case there’s anyone else out there that might do something. Obviously a guy in critical condition isn’t going to personally endanger the public anytime soon. The news hasn’t explained what this accomplishes? What’s the point of not reading him the Miranda? He’s in critical condition and can’t be questioned anyhow for awhile. Plenty of time to get warrants or whatever tonight. Does that mean he can’t get a lawyer during questioning? Is that what the Feds are trying to do? We’re not talking water boarding or other extreme interrogation techniques are we? ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [April 20, 2013, 3:03am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/2 "2013-04-20T03:03:35Z")
They want him to talk freely about other possible bombs or accomplices without a lawyer telling him to shut up even though what he says pre-Mirandizing probably couldn’t be used against him in court. They figure they have enough evidence to convict without any self-recrimination so, they’re giving him a chance to spill any beans without worrying it would make things any worse for him. ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [April 20, 2013, 3:08am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/3 "2013-04-20T03:08:30Z")
Ah, I get it now. Thanks! ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [April 20, 2013, 3:22am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/4 "2013-04-20T03:22:41Z")
Forgot to mention they’ve been reporting that this suspect became a US citizen last year. That complicates things a little doesn’t? He has all the rights and legal protections of a US citizen. The Guantanamo prisoners are foreign terrorists. This guy is probably facing the death sentence anyhow. He’s facing charges for 3 bombing deaths and killing the police officer. Plus a few dozen more charges for the bombing, car jacking and everything else he did. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [April 20, 2013, 3:24am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/5 "2013-04-20T03:24:20Z")
In terms of criminal liability and process, it makes no difference whether he is a citizen or not. The crime was committed in the United States and will be handled by the criminal justice system. ---
**Author:** ![moriah](https://avatars.discourse-cdn.com/v4/letter/m/b2d939/32.png) [@moriah](https://boards.straightdope.com/u/moriah)\ **Post date:** [April 20, 2013, 4:00am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/6 "2013-04-20T04:00:48Z")
Indeed, many foreign terrorists have been successfully tried in the US Courts system and are doing life in maximum security federal prisons. The Obama administration planned to close Gitmo by proceeding with bringing (almost) all it’s inhabitants to trial in the Federal Court, but certain folks who had not made any previous fuss over federal trials for terrorists suddenly found reason why it is now a bad idea under this new administration. One of their concerns, which is not founded in fact, is that if the accused were found innocent, then they would be let free in the streets of NYC (despite the fact that they don’t have any legal documents to be in the country and thus would be immediately deported to their home country). And then Congress legislatively blocked the Obama administration from carrying out its plan. But that block is only concerning Gitmo residents. The current administration is still trying terrorists from other venues, such as with Sulaiman Abu Ghaith, and successfully convicting them in federal courts. And the same is exactly true for American ‘domestic terrorists.’ ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [April 20, 2013, 4:12am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/7 "2013-04-20T04:12:48Z")
> [@aceplace57](#): > > …This guy is probably facing the death sentence anyhow. He’s facing charges for 3 bombing deaths and killing the police officer. Plus a few dozen more charges for the bombing, car jacking and everything else he did. It depends on who get’s to try him for the murders. Massachusetts doesn’t have the death penalty so he’d need to be tried in federal court for those. ---
**Author:** ![A\_nice\_guy\_with\_an\_opinion](https://avatars.discourse-cdn.com/v4/letter/a/76d3ee/32.png) [@A\_nice\_guy\_with\_an\_opinion](https://boards.straightdope.com/u/A_nice_guy_with_an_opinion)\ **Post date:** [April 20, 2013, 4:30am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/8 "2013-04-20T04:30:41Z")
Is he conscious? ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [April 20, 2013, 4:31am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/9 "2013-04-20T04:31:50Z")
> [@aceplace57](#): > > The news hasn’t explained what this accomplishes? What’s the point of not reading him the Miranda? He’s in critical condition and can’t be questioned anyhow for awhile. Plenty of time to get warrants or whatever tonight. Simpler explanation: they’re not reading his rights because he’s in the hospital and they don’t have to do so yet. Unlike most media, you’re not usually read your Miranda warning until you’re placed into detention _and_ formally questioned, arrested, or otherwise placed into the tender loving care of the legal system. As such, if he chooses to spill anything while in the hospital it could be useable evidence. ---
**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\ **Post date:** [April 20, 2013, 4:44am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/10 "2013-04-20T04:44:48Z")
> [@aceplace57](#): > > they’ve been reporting that this suspect became a US citizen last year. I think that’s his older brother, now no longer with us. ---
**Author:** ![Zoe](https://avatars.discourse-cdn.com/v4/letter/z/a4c791/32.png) [@Zoe](https://boards.straightdope.com/u/Zoe)\ **Post date:** [April 20, 2013, 4:47am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/11 "2013-04-20T04:47:10Z")
**smiling bandit** , I understand _why_ they don’t want to read him his Miranda Rights. They need to get as much info from him as they can before he shuts up. For most citizens, Miranda Rights are read at the time the suspect is arrested. I don’t like exceptions to the Constitution, but the Supreme Court says that the exception is allowable for “terrorists.” I always fear that the perp will get off because of a lack of Miranda Rights. Besides, people see the meaning of 'terrorist" differently. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [April 20, 2013, 4:50am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/12 "2013-04-20T04:50:54Z")
> [@Zoe](#): > > **smiling bandit** , I understand _why_ they don’t want to read him his Miranda Rights. They need to get as much info from him as they can before he shuts up. > > For most citizens, Miranda Rights are read at the time the suspect is arrested. I don’t like exceptions to the Constitution, but the Supreme Court says that the exception is allowable for “terrorists.” I always fear that the perp will get off because of a lack of Miranda Rights. Besides, people see the meaning of 'terrorist" differently. There’s no Constitutional requirement that a suspect be read his Miranda rights at all. The requirement is that a defendant must be aware of his rights in order for _what he says_ to be admissible at trial. Mirandization has no affect at all on the huge amount of physical and forensic evidence pointing to these guys. The worst case scenario here is that anything he tells his interrogators will not be admissible. That’s not going to get him off. ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [April 20, 2013, 4:54am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/13 "2013-04-20T04:54:04Z")
> [@moriah](#): > > immediately deported to their home country Deportation would require the receiving country to agree to receive the person, would it not? I don’t see how you could manage that imediately. ---
**Author:** ![BuzzSaw101](https://avatars.discourse-cdn.com/v4/letter/b/a3d4f5/32.png) [@BuzzSaw101](https://boards.straightdope.com/u/BuzzSaw101)\ **Post date:** [April 20, 2013, 5:24am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/14 "2013-04-20T05:24:34Z")
There are certain rules for questioning a suspect that go along with the “Public Safety” exception to Miranda. The feds can only legally question him about things which are of an immediate concern to public safety or the safety of law enforcement. None of what they ask him can be used in court. [http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal\_digest](http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest) ---
**Author:** ![The\_Second\_Stone](https://avatars.discourse-cdn.com/v4/letter/t/bbe5ce/32.png) [@The\_Second\_Stone](https://boards.straightdope.com/u/The_Second_Stone)\ **Post date:** [April 20, 2013, 5:38am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/15 "2013-04-20T05:38:30Z")
The prosecution cannot use any information that he gives out unless he has been Mirandaized first. They can still use all other evidence. ---
**Author:** ![denquixote](https://avatars.discourse-cdn.com/v4/letter/d/b9bd4f/32.png) [@denquixote](https://boards.straightdope.com/u/denquixote)\ **Post date:** [April 20, 2013, 5:45am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/16 "2013-04-20T05:45:21Z")
> [@BuzzSaw101](#): > > There are certain rules for questioning a suspect that go along with the “Public Safety” exception to Miranda. The feds can only legally question him about things which are of an immediate concern to public safety or the safety of law enforcement. None of what they ask him can be used in court. > > [http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal\_digest](http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest) “The Court then applied the facts to the situation confronting them when Quarles was arrested. In the course of arresting Quarles, it became apparent that Quarles had removed the handgun and discarded it within the store. While the location of the handgun remained undetermined, it posed a danger to public safety.27 In this case, the officer needed an answer to the question about the location of the gun to ensure that its concealment in a public location would not endanger the public. The immediate questioning of Quarles was directed specifically at resolving this emergency. Since the questioning of Quarles was prompted by concern for public safety, the officers were not required to provide Miranda warnings to Quarles first. Therefore, the statement made by Quarles about the location of the handgun was admissible.28 In addition, because the Court found there was no violation of Miranda, the handgun also was admissible. The Court declined to address whether the handgun would have been suppressed if the statements were found to be inadmissible.” The above quote is from your cite. The public emergency exception allows police to question a suspect pre-Miranda concerning issues of public safety and so long as the statements are not coerced and the suspect’s will was not overborne by police conduct they are admissible in court. It is my understanding that all of thi discussion is moot in the present case. The suspect was supposedly Mirandized in the ambulance on the way to the hospital. ---
**Author:** ![clairobscur](https://avatars.discourse-cdn.com/v4/letter/c/839c29/32.png) [@clairobscur](https://boards.straightdope.com/u/clairobscur)\ **Post date:** [April 20, 2013, 7:11am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/17 "2013-04-20T07:11:20Z")
> [@aceplace57](#): > > The Guantanamo prisoners are foreign terrorists. > . Are foreign citizens suspected, or who used to be suspected, of having connections with terrorists or with Afghan jihadists. ---
**Author:** ![cochrane](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cochrane/32/10441_2.png) [@cochrane](https://boards.straightdope.com/u/cochrane)\ **Post date:** [April 20, 2013, 7:56am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/18 "2013-04-20T07:56:55Z")
> [@aceplace57](#): > > Forgot to mention they’ve been reporting that this suspect became a US citizen last year. > [@Xema](#): > > I think that’s his older brother, now no longer with us. No, **aceplace** is correct. The one who is now in custody is the one who became a citizen. It was his deceased older brother who had a green card. ---
**Author:** ![CoolHandCox](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/coolhandcox/32/16233_2.png) [@CoolHandCox](https://boards.straightdope.com/u/CoolHandCox)\ **Post date:** [April 20, 2013, 8:03am UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/19 "2013-04-20T08:03:11Z")
> [@moriah](#): > > Indeed, many foreign terrorists have been successfully tried in the US Courts system and are doing life in maximum security federal prisons. > > The Obama administration planned to close Gitmo by proceeding with bringing (almost) all it’s inhabitants to trial in the Federal Court, but certain folks who had not made any previous fuss over federal trials for terrorists suddenly found reason why it is now a bad idea under this new administration. One of their concerns, which is not founded in fact, is that if the accused were found innocent, then they would be let free in the streets of NYC (despite the fact that they don’t have any legal documents to be in the country and thus would be immediately deported to their home country). > > And then Congress legislatively blocked the Obama administration from carrying out its plan. But that block is only concerning Gitmo residents. The current administration is still trying terrorists from other venues, such as with Sulaiman Abu Ghaith, and successfully convicting them in federal courts. > > And the same is exactly true for American ‘domestic terrorists.’ This has nothing to do with this Boston suspect. There’s a thread in GD that is more on point re: Guantanamo detainees. **friedo** pretty much answered the question above. I would say without Miranda being read, it would effect (poison) any statements regarding a possible third (or more) suspect. ---
**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\ **Post date:** [April 20, 2013, 2:10pm UTC](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185/20 "2013-04-20T14:10:50Z")
> [@cochrane](#): > > No, **aceplace** is correct. The one who is now in custody is the one who became a citizen. I checked again - you are correct. [Next page](https://boards.straightdope.com/t/can-anyone-explain-the-significance-of-not-giving-the-boston-bomber-his-miranda-rights/656185.md?page=2)