Monday, April 22, 2013

No Miranda Warmings for (alleged) Boston Marathon Bomber

In a controversial decision, the feds have decided that the surviving suspect in the Boston Marathon bombing will not get Mirands warning.  They rely on the " public safety" exception.  Whether or not this is such a case is open for debate as there is no evidence of bombs elsewhere. Further, such questioning must be limited to public safety issues, not direct questions about the crimes.  However, if anything incriminating comes out in answers to these questions, it is admissible.  With a gunshot wound to the throat and his medical consdition, it may be a while before interrogation can take place.  Further, if he gets an attorney before interrogation starts, that attorney almost assuredly will advise against saying anything--Miranda warnings or not.   This may turn out to be a moot issue.

1 comment:

  1. So far there is a plethora of evidence so I don't believe the defense would have a leg to stand on with Miranda issues.