Controversy over the decision to deny Dzhokhar Tsarnaev his so-called Miranda rights deepened on Saturday following calls for the Boston bomb suspect to be classified as an enemy combatant.
Justice officials confirmed Saturday that the 19-year-old was not read his rights – included an entitlement to remain silent – after being cornered by police after a 22-hour manhunt in Watertown.
Massachusetts US attorney Carmen Ortiz said that "a public safety exception" applied in the case. Such an exemption would allow law enforcement agents to interrogate the suspect without warning and use any information extracted as evidence in courts.
But civil rights activists warned that despite the nature of the suspect's alleged crimes, America "must not waiver from our tried and true justice system".
The special exception from having to read a suspect his Miranda rights occur when police have an objectively reasonable need to protect the public from an immediate danger.
In the case of Tsarnaev, it could refer to the potential that unexploded devices still exist and need to be disarmed, or to information that he may have about other terrorist plots.
Some welcomed the decision not to read the suspect his rights. Responding to the capture of the suspect, Republican senator Lindsey Graham tweeted: "The last thing we may want to do is read Boston suspect Miranda Rights telling him to "remain silent".
Graham joined forces with his colleague John McCain on Saturday to call for the 19-year-old terrorist suspect to be classified as an "enemy combatant" and denied a lawyer.
In a joint statement carried on Graham's Facebook page, the pair said: "It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city.
"The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorist trying to injure, maim, and kill innocent Americans."
It continued: "We need to know about any possible future attacks which could take additional American lives. The least of our worries is a criminal trial which will likely be held years from now.
"Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel. Our goal at this critical juncture should be to gather intelligence and protect our nation from further attacks."
But human rights activists condemned the move.
In a statement, the American Civil Liberties Union said: "Every criminal defendant is entitled to be read Miranda rights. The public safety exception should be read narrowly. It applies only when there is a continued threat to public safety and is not an open-ended exception to the Miranda rule.
"Additionally, every criminal defendant has a right to be brought before a judge and to have access to counsel. We must not waiver from our tried and true justice system, even in the most difficult of times. Denial of rights is un-American and will only make it harder to obtain fair convictions."
http://www.guardian.co.uk/world/2013/apr/20/boston-suspect-miranda-rights-activi...
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