Hopefully confined to his cell for 23 hours a day.
Stolen from a friend’s facebook: You know its a fucked up week when a bipolar Elvis impersonator that tries to poison the President is the least interesting story
That puts it in perspective, nice quote.
I thought the Republicans are proud to be the staunchest defenders of the constitution? Sen. Graham is making that hard(er) to believe.
He was partially correct as the suspect’s Miranda Rights were suspended albeit for public safety reasons not because he’s an enemy combatant.
I felt a huge sense of relief at the Tsarnaev brothers finally being neutralized (and found it rather fitting that this happened at the end of a rather shitty week) and have to congratulate all the law enforcement agencies that worked to capture them. Once again I offer my condolences to the three bombing victims and the MIT police officer who was murdered. 
I was rather shocked that two incorrect suspects were named before they were identified as the Tsarnaev brothers. Although admittedly I was rather skeptical even then since one was an Ethiopian name despite the fact that the bombers clearly being white and the other a Hindoo Indian name who would have had little motive for the bombings.
Really Qin? Hindoo? Have turned into a 150-year old Englishman or something?
Sure, there’s a valid loophole for not immediately informing him of his rights, and that’s fine by me. What’s not fine is treating an American citizen, out of uniform, on American soil, as an enemy combatant. Now is our chance to show the world that we’re different; we stick to our principles even in the face of heinous crime and ensure that all are innocent until proven guilty in a court of law. Suspending this core tenet of our society because a person’s crime is particularly atrocious sits poorly with me. I hope the bastard spends the rest of his life in jail, but only if convicted in court (a likely outcome even if he retains his Miranda rights).
I’m glad it’s finally over. Hopefully this incident causes our policymakers to reflect upon the causes of home grown terrorism (even if influenced by sources abroad), and also forces our media to realize the circus that they’ve become.
Isn’t he a 2000 year old Chinese emperor?
I’m finding it hard to get upset about the decision to not read him his Miranda rights. Not because of the heinousness of what he did, or public safety, or due process…but because I cannot imagine how anyone living in this country for over a decade doesn’t already *know *his Miranda rights. And that pretty much goes for everyone else who gets Mirandaed, too.
I know, it’s not a Constitutional scholar level analysis, it’s just pragmatism and consistency. The cop doesn’t remind me I have a right to not be subject to unreasonable search and seizure when he asks if he can look through my car without a warrant. I’m expected to know that, and to exercise that right (verbally, politely) without being told I have it in the moment, and if I don’t, too fucking bad for me.
Now, if they’re talking about preventing him from having a lawyer present, then that’s a whole 'nother story, and I’m not cool with that. He’s a citizen and entitled to protection under our laws, otherwise we might as well not have any. Laws. Or Citizens.
There are reports that the older brother was interviewed by the FBI two years ago: http://soa.li/YIsV8Nl
From what I heard this morning it’s unclear what would happen right now if he does ask for a lawyer. Some were saying they do not have to give him one and can continue to question him.
As for the rest of your post you’d be surprised at how many people would believe you must allow the police into your home, must answer any questions they ask you, and if you’re just being questioned and haven’t been arrested you must talk to the police to help them out. I don’t bother trying to talk with my friends about this any more.
You should try asking some of your friends what they think they need to do and you might find most people don’t know their own rights.
ETA, quite frankly I think he should be ‘read’ his rights, if he asks for a lawyer give him one and then have the lawyer tell him there are certain questions he needs to answer about public safety and the like. I don’t have a problem with some questions subjects would need to answer in cases like this, especially when there might be other bombs and the like around.
Here is an article that has a good explanation of the Miranda exception:
Thanks for that.
He still has the right to not answer questions as well as the right to a lawyer. The exception to Miranda that allows him to not be notified of these rights does not remove them.
I can only say what I heard this morning, which was that if he asks for a lawyer in this case, before he is read is rights, it’s a gray area if they need to give him one or not for a period of time.
The link above said that there were certain questions the police could ask, but it didn’t say anything, that I saw, about if he asked for a lawyer right away. As I said, I understand the reason for the exception and agree with it, but should anyone in this case ask for a lawyer they should be given one. I think the lawyer should tell him that it’s best to answer any questions about if there are other things that might harm the public and such.
From what I’ve read, he probably wasn’t in any condition to be read his rights. Shot, stunned, probably ear-drums gone, would he not be not in a fit state to understand?
And, again, he has the right to remain silent. Any lawyer worth his salt will advise his client of that.
Plus, in case anyone is confused like my neighbor, even if this exception didn’t apply, and he’s not read his Miranda rights, that doesn’t mean he walks free. It only means that statements he makes subsequent to his arrest can’t be used against him at trial.
They can be used against anyone he names as co-conspirators at their trials.
They already have ample evidence to put a needle in his arm, so this is simply a law school discussion point.
Oh, I know. That was my point, actually. I have this right, but they don’t have to *tell *me about it.
He has these (Miranda) rights*, but they don’t have to *tell *him about them, in this case.
The onus is on me as a citizen of this country to know about my right to refuse search without a warrant, not on law enforcement officials to educate me about that right. And, in reverse, if I somehow violate another person’s rights, I’m responsible for the legal consequences of that, because I am expected to know the laws and know their rights. I’ve never quite understood why the Miranda rights are treated differently from other rights in this way.
*I think. I agree that it’s a bit confusing in the news this morning about whether they’ll let him have a lawyer if he asks for one. They’re not doing a good job of saying whether the police are not *informing *him of his rights or not *allowing *him his rights. That disturbs me.
How is that different?
That’s exactly what Norway did with their home-grown terrorist. So did Canada (FLQ). So did Italy (Red Brigades). So did Germany (Bader-Meinhof Gang). So did France and Spain (Basque terrorists). So did the UK (IRA). All of them tried the people charged with terrorisim in the civil courts, under the standard rules of criminal law in each country.