Boston Bombing Aftermath: Are Miranda Rights Necessary?

The massive manhunt for the Boston Marathon bombers is finished, but the story is far from over. With one suspect dead and the other in custody attentions now turn to gleaning intelligence that might prevent future attacks and making sure the victims and their families see justice delivered.

It’s the quest to glean intelligence, however, that has some worrying about how effective a case against Dzhokar Tsarnaev, 19, will be and if the individual rights of Americans are taking a hit as law enforcement carries out its duties by employing some unusual measures.

When Tsarnaev was taken into custody on April 19, he was not read his Miranda rights. The federal government invoked the public safety exception, which gives it a right to interrogate suspects without reading them their rights if there is an imminent threat to public safety.

Do you think authorities should have read Tsarnaev his Miranda rights?

The no Miranda rights move is being questioned by legal experts and politicians alike who say the move could erode the rights of American citizens. (Russian-born Tsarnaev is a naturalized citizen). There are also concerns about whether information gained can be used in prosecution.

Some politicians want Tsarnaev declared an enemy combatant. That move is being touted by U.S. Sens. John McCain and Lindesy Graham, among others.

If Tsarnaev is declared an enemy combatant, the U.S. government would gain the right to prosecute the case instead of the Commonwealth of Massachusetts. This would give prosecutors the ability to seek the death penalty, which Massachusetts does not have on the books.

This request is also creating waves because of Tsarnaev’s status as a U.S. citizen. Enemy combatants are typically foreign nationals captured on a battlefield – not Americans.

Here’s what we’d like your take on, Tampa Bay: Should authorities have read Tsarnaev Miranda rights? Is he an enemy combatant? Are you concerned about an erosion of individual rights? Share your thoughts by commenting below.