Home Forums Hunting & Shooting Hunter's Campfire Boston Bomber : Due Process Question?

According to reports in the news over here, following the arrest of the Boston bomber, he was not mirandized, and they went on state this often happened when your Police felt there was an immenent danger to the public..

I read that, and never really thought any more of it..I then notice in todays papers a statement attributed to the FBI saying not only was he not mirandized at the point of his arrest, he won't be mirandized in the future either..

Are the Feds getting ready to label him an "enemy combatant" and whisk him off to Gitmo as soon as the hospital clear him for travel?

If they don't mirandize him, then "enemy combatant" is the only label that I can see them getting away with.

Anything else would eventually require that.

I don't believe this often happens. I believe it seldom, if ever, has happened before. There is a public safety provision in the Miranda requirements but it sounds like there is a time limit and that limit will be reached today or tomorrow. The only thing failure to Mirandize will do is prevent the bombers statements from being used against him, and there is enough evidence without a confession to convict, has been the rational I have been hearing. Makes sense. If they give Miranda within the time constraints of the exception, I believe any statements after that point will be admisable, but one of the real lawyers would have to comment on that.

Pete:

It is not an indication of him being deemed an enemy combatant. In our civil justice system, Miranda warnings don't confer rights, they merely give notice of rights guaranteed under the US Constitution. (Under the assumption that there are millions of Americans who have never seen an episode of "Law & Order.")

Miranda warnings are not necessary at the time of arrest or confinement. They can be read later. Especially if the terrorist in question decides he wants to plea bargain in return for cooperation. If the prosecutors agree, they'll sit him down, start the recorders and read him Miranda. He will verbally agree to waive the rights therein, and then they'll ask him questions. The responses could be used against the terrorist later, if he fails for some reason to keep up his part of the bargain.

If there is no plea deal, but only a trial, the prosecution might not be able to use certain statements that he has made in response to questions intended to invite an incriminating response. If he volunteers incriminating statements to LEOs that are not in response to questioning, those may be admissible against him at trial.

Miranda issues do not apply in regard to any statements he may have made to the guy he car-jacked, because the victim was not a LEO or acting as an agent of the police.

- Tom

Something else about Miranda:

The primary purpose of reading Miranda rights is to place restraints upon the behavior of police officers. For example, a suspect says he doesn't want to talk; the police have to stop asking him questions.

A secondary purpose of reading Miranda rights is to punish the police (and the prosecution) for example, if the police continue to question a suspect after he says he doesn't want to talk.

The nature of that punishment can be to deprive the prosecution of the use of answers to questions asked after the suspect says he doesn't want to talk.

(Damnit; I knew if I tried to simplify it, I'd leave a bunch of stuff out. above, I'm talking about the right to remain silent part of Miranda. There are other issues, too.)

- Tom

I can't see what difference it will make. He can be convicted without ever saying a thing.

Thanks for that Tom, just trying to anticipate who this might develop..

Regards,

Peter

after ten years in America watching cop shows, I'm sure the guy can recite the Miranda warning from memory.

Some perps can correct an officer who gets part of it wrong.

http://www.suntimes.com/19542640-761/arrested-396-times-woman-knows-how-to-work-the-system.html

She probably could!

I can see a real psychological element as well. Don�t Mirandize him, tell him he�s an enemy combatant and going to GTMO unless he spills his guts.

To actually put him in GTMO and not put him on trial would present a serious constitutional issue. I believe I read that he is a US Citizen. I don�t care if he�s a Muslim terrorists or Satan himself; there are basic rights afforded to ALL US Citizens. Even if he is linked to a foreign terror organization, I see what he did here on US soil as crime, and he�s just a criminal. Give him a trial, and send his arse to super-max; he can sit right next to Dr. Ted Kaczynski so the two can talk about bomb theory for the rest of their miserable lives.

The guy was naturalized and there may be a way to strip him of his citizenship. I frankly don't know.

But if Eric Holder wants a civilian federal trial, I think he'll probably get his way.

How do you read an unconscious/incoherent perp who is almost bled out his Miranda rights?

Ignorance is no excuse

I don't know, but I have read more than one search warrant to a door.

Fact is he is a citizen. He should be treated as such, I don't care what he did.

Why don't we look towards the FBI. They were aware of these two AT LEAST two years ago. Then they claim on national television THEY NEED HELP IDENTIFYING these two???????

Really? The FBI had no idea who these were, even though they questioned the older brother two years ago after going back to Russia.

What a joke. The FBI is covering something up. Let us not forget that the FBI knew about the 9/11 hijackers and did nothing, they knew about the WTC bombers and did nothing........strange trend huh?? Every time something is actually going to happen, they stand by and watch it. Interesting.

And to all you morons that want this guy "treated like an enemy combatant" or tortured, seriously? You're going to bitch and moan about protecting Constitutional rights such as the 2nd Amend. but you want this guy's Constitutional rights to be throw away. Do you not see the IRONY???

They were either guilty of something 2 years ago or weren't. You can't lock folks up cuzz you think they might do something, else we'd all be in jail, except for TRH who will never do anything.

So you assume these are the only Muslim guys who have anit-American slants, and have traveled to foreign lands in the Boston area? Boston is a VERY ethnically and religiously diverse city. The FBI isn't omnipotent. (Thank God)

Yes, it is Holder's call. I would bet 1 or 2 years from now he will go on trial.
NOT saying I like it. IF it was my call, they would due process his azz out to the ball park and hang him.
Maybe right after a Red Sox game.

Nonsense. Calling this guy a "criminal" is typical liberal pablum. A "criminal" usually commit a crime for personal gain and lucre. This guy meets and exceeds all the criteria of a TERRORIST and he more than qualifies under the enemy combatant clause. Keep him isolated and interrogate him until every possible intelligence nuggets can be carved out of him. Who cares about a conviction at this moment in time when the national interest could be at stake. Super Max, why do they perform executions there or are you against capital punishment too. Send his ass to Guantanamo.