Marathon Bombing Suspect’s Rights

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KIMT News 3  — While the suspect is now charged, many are wondering what legal rights he may have as a US citizen and bombing suspect.

Many found relief this weekend seeing the last Boston bombing suspect in custody, though the legal struggle was only beginning.

“There are a lot of frustrations with the system just because it’s so slow. And it is slow but it’s the best in the world by a ways. Having said that, could it be faster? Yes, but in America we don’t really like to rush to judgment. We would rather get it right than get it quick,” said Joel Yunek, Attorney with Yunek Law Firm.

The White House says he will not be designated as an enemy combatant, but will instead face criminal charges in court, since he is a naturalized US citizen.

There are also questions about why Dzokhar Tsarnaev was not read his Miranda rights.

The federal government used a public safety exception that happens when authorities believe the police or public is in immediate danger, and even without the Miranda rights being read, the statements made by the suspect can be used as evidence in court.

“Every citizen in the United States under the Miranda decision has a right to a lawyer before being questioned about a crime. Now Miranda does not apply to Federal terrorism charges, but it does apply to State charges,” said Yunek.

The suspect has been charged with using and conspiring to use a weapon of mass destruction against persons and property resulting in death.

The Federal charges carry a possible death sentence if he is convicted.

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