Tuesday, April 23, 2013

Miranda Notice

http://occuworld.s3.amazonaws.com/2013/04/e903eebc2fror600.jpg.jpgVia boingboing, the Boston bombing suspect is read his Miranda rights (see page four of court transcript) in an initial federal court appearance - at his bedside in Beth Israel Deaconess Medical Center.

More about that controversy here, along with the "public safety exception."

19 year old was appointed counsel, also present.  He was charged with one count of "using and conspiring to use a weapon of mass destruction, resulting in death," and one count of "malicious destruction of property by means of an explosive device, resulting in death." 

On the Miranda issue, the ACLU had released this statement a few days earlier via Anthony D. Romero, ACLU executive director:
The ACLU shares the public’s relief that the suspect in the Boston Marathon bombings has been apprehended.
Every criminal defendant is entitled to be read Miranda rights. The public safety exception should be read narrowly. It applies only when there is a continued threat to public safety and is not an open-ended exception to the Miranda rule. Additionally, every criminal defendant has a right to be brought before a judge and to have access to counsel. We must not waver from our tried-and-true justice system, even in the most difficult of times. Denial of rights is un-American and will only make it harder to obtain fair convictions.
Our thoughts remain with the victims of this tragedy and with the entire Boston community.


On forums and whereabouts's (and the "enemy combatant" thing), OccuWorld says (infographic above):
There’s no need for debate about whether the suspect should have instead been treated as an enemy combatant. President Obama made the right decision in committing to try the surviving Boston Marathon bombing suspect in a U.S. federal court. Federal courts have completed nearly 500 cases related to international terrorism since 9/11.  Of those, 67 cases have involved individuals captured overseas, according to Department of Justice data obtained by Human Rights First in a Freedom of Information Act request.
Meanwhile, military commissions have convicted only seven individuals since 9/11 and has needlessly delayed many high profile terrorism prosecutions.  Two of those convictions were recently overturned due to legal problems in securing jurisdiction.
Americans deserve justice for the Boston Marathon bombing. If convicted, Dzhohkhar could face the death penalty for killing three civilians and injuring over a hundred more.

Though I can't go along with the death penalty argument, myself, as I support abolishing that practice altogether. (And while Mr. Tsarnaev could also face state criminal charges, the death penalty is not an option under Massachusetts law.)

More here in an article from The Hill.  White House press secretary Jay Carney described the success of the federal court system in handling terrorism cases, stating that information could be obtained without military detention.  Meanwhile, House Armed Services Chairman Buck McKeon (R-Calif.) had said in an opposing written statement, “It seems premature to declare that we will not treat Tsarnaev as an enemy combatant since we do not know enough about his affiliations."

More about all that confusion in this earlier Rachel Maddow clip from April 19th:

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Editor's Note:  This post has been modified to correct some inaccuracies originally published.

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