Yikes- 2 bombs exploded at the Boston Marathon

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Originally Posted by creaker

As long as due process is followed. I read some things insinuating Miranda rights were not read because that would be an acknowledgement that the suspect has rights - that argument worries me.

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I've read all manner of conspiracy theories surrounding this case. There is no reason to believe that the withholding of the Miranda warning has anything to do with anything other than the suspect's incapacity and/or the suspect's status as a terrorism suspect and the consequent intention to interrogate him with regard to the extent of future danger to the public. Until it is established definitively that there are no other conspirators, no other related dangers, then there actually is no right to remain silent.

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Originally Posted by gimmethesimplelife

But I remember being taught in high school one of the great things about America was that citizens of this country were entitled to due process of law?

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Yes, of course. This is the process: Ensure that the public is safe from further terrorist, then turn attention to the past crimes.

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Originally Posted by gimmethesimplelife

Given that our lives are not worth guaranteed access to health care and this is the only country in the first world this holds true for, perhaps holding onto due process for all citizens might not be a bad idea?

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I don't see the connection.

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Originally Posted by bUU

I've read all manner of conspiracy theories surrounding this case. There is no reason to believe that the withholding of the Miranda warning has anything to do with anything other than the suspect's incapacity and/or the suspect's status as a terrorism suspect and the consequent intention to interrogate him with regard to the extent of future danger to the public. Until it is established definitively that there are no other conspirators, no other related dangers, then there actually is no right to remain silent.

Yes, of course. This is the process: Ensure that the public is safe from further terrorist, then turn attention to the past crimes.

I don't see the connection.

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The connection is to me anyway, that I figured out real young that this is the only country in the first world where you can get sick and lose everything - even these days if you have insurance. To me this implies human life is not worth much in America and that life all boils down to money. This is why I think it is so important to hold onto what few rights may be left - such as due process - as human life in and of itself by design is not worth much in the US. I was twelve when I figured that one out and its only become more true to me over time due to health care getting more and more inaccessible to more and more people. Rob

Okay I understand. I guess I'm just more of an optimist - that although that's the direction so many Americans seem to be trying to drive the nation, that there are still enough people left who do care about humanity more than money.

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Originally Posted by bUU

Okay I understand. I guess I'm just more of an optimist - that although that's the direction so many Americans seem to be trying to drive the nation, that there are still enough people left who do care about humanity more than money.

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I do believe it is true that there are people out there who care more about humanity than money - I like to count myself in their number - but as far as the people with the political and economic power go in America? Not so much is the nicest observation I can make. Rob

@ Zoebird: I don't know if anybody knows why the US is generally more violent than some other countries with similar demographics. Canadians have a high rate of firearm ownership but don't have the same level of purposeful shooting deaths, even in big cities (because population density has something to do with it). Even different states among the US have different rates of violence per capita and different types of violence. I don't know if anybody knows. I don't think any single thing is completely responsible. Culture obviously plays a role, and by culture I mean the folks one interacts with or sees as examples. This can be anything from friends to movies to the press, right? We have a lot of violence in all types of media, but of course exposure to that does not make most people violent. Every single time there's an act of violence, it seems like we have this discussion.

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Originally Posted by gimmethesimplelife

This is why I think it is so important to hold onto what few rights may be left - such as due process - as human life in and of itself by design is not worth much in the US.

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I think too many of us have a TV drama view of due process. The Miranda warning serves two purposes, one being to inform the suspect of the right to resist self-incrimination and the second being the understanding that counsel is available to assist in purpose #1. Failure to provide that warning ensures that the suspect's self-incriminating statements cannot be used against him/her in a subsequent trial.

If the state believes that there is ample evidence to ensure a conviction, such as photographs, video, witnesses and confessions made to witnesses, etc., the due process argument doesn't hold water as any post-arrest self incrimination is not necessary to the trial.

To me, the real question is whether or not the suspect should be classified as an enemy combatant, a designation which leaves me with mixed feelings in this case.

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Originally Posted by Alan

I think too many of us have a TV drama view of due process. The Miranda warning serves two purposes, one being to inform the suspect of the right to resist self-incrimination and the second being the understanding that counsel is available to assist in purpose #1. Failure to provide that warning ensures that the suspect's self-incriminating statements cannot be used against him/her in a subsequent trial.

If the state believes that there is ample evidence to ensure a conviction, such as photographs, video, witnesses and confessions made to witnesses, etc., the due process argument doesn't hold water as any post-arrest self incrimination is not necessary to the trial.

To me, the real question is whether or not the suspect should be classified as an enemy combatant, a designation which leaves me with mixed feelings in this case.

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Hi Alan.

In this case I am not so worried about the reading of the Miranda Rights - I am more worried that this individual has access to a fair and speedy trial, legal representation if he can not afford it, and also a chance to tell his side of the story if he so desires. I have heard rumblings online that this may be denied here and I hope this is not true as in my book such would take America down even further. I don't read the future, so I don't know what is going to happen, and I also realize that just because I read something online, that does not make it true. So I'm hoping for the best here - even though I think the supsect is a POS - in my book he still deserves all of the above from the justice system, otherwise we as a nation become ever more uncivilized.....Rob

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Originally Posted by Alan

To me, the real question is whether or not the suspect should be classified as an enemy combatant, a designation which leaves me with mixed feelings in this case.

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Me too. Rights aren't worth much if you can have them when you don't need them but they can be taken away whenever it's expedient.

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Originally Posted by creaker

Me too. Rights aren't worth much if you can have them when you don't need them but they can be taken away whenever it's expedient.

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+1 Rob

NPR had an interview with a former attorney general who gave a perspective on the Miranda rights. "The Miranda warning, which informs suspects of their rights, including the right to remain silent and to have legal counsel, is being withheld from Tsarnaev for now under the public safety exception, which U.S. Attorney for Massachusetts Carmen Ortiz has said officials are invoking due to an immediate threat to the public."

http://www.npr.org/blogs/thetwo-way/...-the-right-one

I also under stand that there is still some debate about whether the trial will be military or civilian, which will make a difference.