Actually, I do not care what they do to him. Already, the focus has shifted from the poor victims unto the two bombers who "wanted so much to fit in". Horse pucky! The blame is already being brought to the door of the USA and the FBI instead of to the door of those who murdered the innocents.
In this particular case, when the suspect is in need of medical attention, and may not even be conscious/aware, the miranda rights can wait. They may 'formally' arrest him later, but for now, they just wanted to apprehend him to reduce his risk to society.
I've also been told by a lawyer (public defender) that the police don't even have to read you your rights, or give you your phone call. That these are just things you see on TV and in movies. I'm not sure how accurate this information is.
As far as I'm concerned, if you're resisting arrest, and especially if you've shot/injured officers, your rights should be forfeit.
Last edited by nate_watkins; April 20th, 2013 at 09:02 PM.
I THOUGHT we were in America, where there's such a thing as due process. But I guess I'm mistaken.
I'm not surprised.
If these kids are responsible for the horror in Boston, I hope they feel the full weight of punishment. Well, the one that's still alive (for the moment). But let's be sure they really did it, and not the first convenient scapegoat.
I think this is stupid, because invoking that rule may leave the government open to legal challenges later. Better to do this the right way, and get a clean conviction that can't be challenged on a technicality.
I didn't get the sense that they are saying he doesn't have the right to remain silent, nor the right to legal counsel being present when he's questioned, just that they weren't going to remind him of those rights. Anybody who pays any attention in this country knows that you can refuse to talk to the police without a lawyer present. And anybody who would have any conversation with the cops without a lawyer there (especially in these circumstances) is an idiot. Idiots abound, of course, and a lot of them end up behind bars in consequence.
I want to see this guy go away forever. I don't question that he is responsible, and don't care what happens to him so long as he is never free again. And I'd not want to see that jeopardized by some piece of legal stupidity. Read the guy his rights. Then lock him up and toss the key.
Countless TV shows notwithstanding, you aren't "read your rights" when you're arrested, only before you're interrogated.
Interrogating someone without informing them of Miranda is sometimes used when quick answers are needed. The bomber can be asked if there are more bombs, if he's working with anyone else, and other questions where fast answers would be in the best interest of the public. Nothing he says can be used against him in a court of law, so he doesn't need to worry that he's confessing, which might make him more likely to offer information.
If he is informed of Miranda, then asks for an attorney, those answers may be hours, days, or even months away.
So it's a tradeoff. While his statements certainly can't be used at trial, and while new physical evidence he points them to may or may not be used at trial, they have plenty of other evidence to convict him with. Finding unexploded bombs, booby-traps, or accomplices is more important than adding new charges.