The collective decision by agents from every branch of the U.S. government to forego reading alleged teen bombing suspect #2, Dzhokhar Tsarnaev, his rights via Miranda was a deliberate strategy, not some mistaken oversight.
It was done in anticipation of charging the kid as a terrorist, or worse, as an enemy combatant, and with the aim of extracting a valuable confession from the youth while he was heavily sedated in a hospital and suffering profound pain from a life-threatening injury to his voice-box.
If Tsarnaev the Younger really is one of the Boston Bombers, then this was a terribly rash and foolhardy approach.
"You have the right to remain silent and refuse to answer questions. Do you understand? Yes or no."
"Anything you do say may be used against you in a court of law. Do you understand? Yes or no."
"You have the right to consult an attorney before speaking to police and to have an attorney present during questioning by the police now or in the future. Do you understand? Yes or no."
"If you cannot afford an attorney, one will be appointed for you before police questioning if you wish. Do you understand? Yes or no."
"If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you are able to talk to an attorney. Do you understand? Yes or no."
"Knowing and understanding your rights as they have just been explained to you, are you still willing to answer police questions without an attorney present? Yes or no?"
Loudly asserting one's rights through silence
Welcome to America, the land where all accused persons have the right to defend themselves in court, the right to trial by jury, the right to be treated as innocent until proven guilty, the right to remain totally silent when confronted with handcuffs and a mob of armed and angry cops, etc.
Although still hospitalized and in grave condition, Dzhokhar Tsarnaev is slowly regaining his strength and his wits again, after apparently being shot in the throat while in the act of surrendering.
He has also, at last, been read his Miranda Rights, much to the chagrin of his interrogators.
And now that he's finally got an attorney and isn't quite so out of it, guess what the young man decided?
He's wisely invoked his right to remain silent.
Quashed, suppressed, inadmissible
Yup, that's right. It's a matter of Black Letter Law that extorting an admission of guilt out of the accused through duress, deceit and other devices is illegal, and therefore not the kind of evidence that can be accepted at trial.
This includes giving someone who's delirious with pain and drugged out of their mind a number two pencil and dragging their limp hand across a piece of paper filled with multiple choice questions, fill-in-the-blanks, or whatnot.
Case will be dismissed, unfortunately. Better luck next time.
Eponymous Rox - image courtesy the FBI
This article has been flagged as spam, if you think this is an error please contact us.