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The Bill of Rights was written for Dzhokar Tsarnaev


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http://communities.washingtontimes.com/neighborhood/reawakening-liberty/2013/apr/20/bill-rights-was-written-dzhokar-tsarnaev/

 

If Tsarnaev is guilty, then the public danger was over once he was arrested. The government has no authority to waive any of its obligations for due process. He should be read his rights and allowed to remain silent without molestation. He should have an arraignment where he is given the opportunity to hear the charges against him and enter a plea of guilty or not guilty. If he is unable to afford a lawyer, one should be assigned to him at public expense. His guilt should be decided by a jury of his peers, not the government or the media.

 

The Bill of Rights was written for Dzhokar Tsarnaev. It wasn’t written for those suspected of minor violations.

 

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Guest Keal G Seo

I agree. Due process is due process regardless of public opinion. However, I also feel that if found guilty the bailiff should escort him outside onto the street for immediate public execution. 

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I'm not sure how I feel about this, since those two could have easily been part of a much larger cell. Until they know that those two acted alone, the threat is still real. The attack WAS against the general public. If combat breaks out in the streets (which it did), they need to lock the place down.

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Guest drv2fst
I find it odd that TGO'rs who hold the 2nd in such high regard have such little respect for other rights in the same Bill of Rights

I think he should be quickly and fairly tried. If he is found as guilty as it seems now, then he should be quickly and fairly executed Edited by drv2fst
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If somebody bombs a crowd of innocents, I hope they nail their balls to a bench, and beat the hell out of them with a rubber hose. I'm also not going to wander into a combat zone to press my "rights" either. These were unnusual circumstances, with a swift and positive outcome. Can we wait until they actually do something that demonstrates a "slippery slope"?

Edited by mikegideon
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Guest Keal G Seo

Well they have said he will not be read his rights, implying that he won't have those rights. As much as I believe he is guilty, given video and the fight they put up, I still say everyone has the whole innocent until proven guilty thing and deserve their rights. But I am a bit different on the punishment, I  believe if we would return to public executions for ANY serious violent crimes resulting in great bodily harm (including molestation and rape) you are found guilty of, it would cut those numbers by at least 25%.

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From reports I've read, he's naturalized citizen. So, regardless of the heinous nature of his crimes, he deserves the same due process as any of us. Assuming he survives his wounds, the atrocities he's accused of will likely get him life, if found guilty. I can't see Massachusetts sentencing him to execution...TN or TX, sure, but not Mass.
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If somebody bombs a crowd of innocents, I hope they nail their balls to a bench, and beat the hell out of them with a rubber hose. I'm also not going to wander into a combat zone to press my "rights" either. These were unnusual circumstances, with a swift and positive outcome. Can we wait until they actually do something that demonstrates a "slippery slope"?

They, as in the authorities, already have.  The government said they did not read him his miranda rights. They stated because of "public safety" they could not at the time he was taken into custody, which I understand completely. Now, even though he is sitting in a hospital room safe and secure, they said they were going to wait even longer because of "public safety" concerns. They said they are going to go ahead and question him before they read him his miranda rights because of "public safety" concerns. He IS a US citizen and he is entitled to the same rights as any other citizen. If the powers that be can circumvent this legal requirement for him they can for any other citizen in which they feel there is a threat to "public safety". And we have all seen the hysteria over perceived threats to "public safety".

 

How sick would it be if once he got to trial ALL of his statements were thrown out as well as the charges because he was not read his miranda rights. I know it has happened in other cases.

 

He needs to fry for what he did but the rules should not be broken to ensure it happens. He is no different than any other citizen that has killed 3 people. Once the rules are broken once it sets a precendent for others to break those same rules.

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Guest Keal G Seo

As for the death penalty in MA, they don't have one. But tried by a federal court they can sentence him to death and appoint it to a state that does employ it.

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I disagree.

Since he is not a natural born citizen his citizenship should be considered conditional & steps should be immediately taken to have it "annulled" as if had never been granted in the first place.

Granted I am not sure if this is possible under our current laws, but I would whole-heartedly support any potential future legislation making non-natural born citizenship conditional & revokable.

Especially right now since there is such a huge push to grant amnesty/citizenship to ten(s) of million(s) of "undocumented, illegal/criminal, border jumpers" all of who's criminal backgrounds &/or even true identities are unknown.
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Which is why I hope he dies. Already, we no longer care about justice ... only legalism. The longer this goes the more he and his lawyers will use the "justice" system to help deteriorate the very principals the Bill of Rights was designed to reinforce.

 

Kinda like having an affair to "save" your marriage. ;( Sad times we live in.

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They, as in the authorities, already have.  The government said they did not read him his miranda rights. They stated because of "public safety" they could not at the time he was taken into custody, which I understand completely. Now, even though he is sitting in a hospital room safe and secure, they said they were going to wait even longer because of "public safety" concerns. They said they are going to go ahead and question him before they read him his miranda rights because of "public safety" concerns. He IS a US citizen and he is entitled to the same rights as any other citizen. If the powers that be can circumvent this legal requirement for him they can for any other citizen in which they feel there is a threat to "public safety". And we have all seen the hysteria over perceived threats to "public safety".

 

How sick would it be if once he got to trial ALL of his statements were thrown out as well as the charges because he was not read his miranda rights. I know it has happened in other cases.

 

He needs to fry for what he did but the rules should not be broken to ensure it happens. He is no different than any other citizen that has killed 3 people. Once the rules are broken once it sets a precendent for others to break those same rules.

 

He has a throat injury. I'm not sure he has said a word yet. Some of our LEOs have addressed Miranda in other threads.

 

BTW... they may charge him today, while he's still in the hospital.

Edited by mikegideon
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BTW - Miranda Rights do not have to be read and they can legally interrogate him at any time. However statements made during that interrogation are not available to be used to incriminate him. They really don't need a confession or to use his statements as there seem to be enough already.

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Doesn't matter if he can or cannot speak. Before they ask him a single question regarding the offense he must be advised of his rights.

 

Before questioning a person needs to be advised of their rights. If they are not then anything they answer is not admissible. Now if they make spontaneous statements not in response to questioning it can be admitted but once you start asking questions they must have been advised of their rights.

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I agree with public and swift executions. As far as public, not everyone HAS to watch, but knowing whats happening might bring about some curiosity to those that might have the same fate. Quick executions would definitely deter those committing the worst crimes. It's no secret that a lot of people feel they can beat the system. Even if they lose the first time they appeal so many times. How many years do people have to wait on death row before it's done? I read somewhere its like $50,000 to house them?

My grandmother was killed by a man she had stopped seeing. She was shot in her home with my mom, aunt, uncles, and a friend coming to her aid and seeing the man flee through the front door. On his way down the stairs he shot another man in the face several times. My grandmother told them goodbye and that she was going to heaven and how great of parents they'd be some day. They were told to shut the door, call the police, and not come back in.... she loved them.

The man was convicted and served 3 years before being released.

I have a friend who's dad was stabbed 30-40 times in the chest and back. His murderer was let free because it was "self defense," even though he didn't have a single mark on him.

If people knew that if they murdered they would be killed the same day convicted, it would put a little more fear in them. The same with arming every household. If you increase their chance of death, you decrease the chance of crime, especially repeats at least!
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I say all executions should be live on television. Most occur in the middle of the night so all those who should not be watching should not be up. And the death should be in a similar manner as the reason they are being put to death. If they stab someone 20 times then they should be stabbed 20 times. If they kill someone because they were driving drunk then they should replace those safety dummies during all vehicles tests.

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Guest Keal G Seo

I say all executions should be live on television. Most occur in the middle of the night so all those who should not be watching should not be up. And the death should be in a similar manner as the reason they are being put to death. If they stab someone 20 times then they should be stabbed 20 times. If they kill someone because they were driving drunk then they should replace those safety dummies during all vehicles tests.

LMAO I like this to a point. This case in particular. No bombing in quick death, I say short drop hanging.....that is if he is found guilty ;)

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I say all executions should be live on television. Most occur in the middle of the night so all those who should not be watching should not be up. And the death should be in a similar manner as the reason they are being put to death. If they stab someone 20 times then they should be stabbed 20 times. If they kill someone because they were driving drunk then they should replace those safety dummies during all vehicles tests.

 

:up:

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(CNN) -- Dzhokhar Tsarnaev, the surviving suspect in the Boston Marathon bombings, may be charged at his hospital bedside Sunday, a Department of Justice official told CNN.

Because Tsarnaev is still in serious condition, a judge would likely come to the hospital to charge him, a law enforcement source said, noting that suspects accused of federal crimes are normally presented charges within 48 hours of arrest. An arraignment would take place later.

Tsarnaev, 19, is currently unable to speak and is under heavy guard.

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