Boston Bomber Prosecution - Poll

Boston Bomber Prosecution - Poll

This is a discussion on Boston Bomber Prosecution - Poll within the Off Topic & Humor Discussion forums, part of the The Back Porch category; I realize that this poll will not be used by anybody involved in the prosecution of the Boston Bomber, but it seems there are two ...

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58. You may not vote on this poll
  • We screwed up by not Mirandizing him

    13 22.41%
  • Not Mirandizing him and interrogating him is OK

    17 29.31%
  • Treat him as an enemy combatant and deny him a trial

    16 27.59%
  • Treat him as a criminal and try him

    23 39.66%
  • I like him, let him go

    1 1.72%
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Thread: Boston Bomber Prosecution - Poll

  1. #1
    VIP Member
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    Boston Bomber Prosecution - Poll

    I realize that this poll will not be used by anybody involved in the prosecution of the Boston Bomber, but it seems there are two aspects of this prosecution at this point about which people are talking. First is the Mirandizing protocol (or lack of it) that was used under the public safety exemption. Second is the decision on whether to try him as an enemy combatant. Vote in the poll and expand your answer with a reply if you like.

    On the Mirandizing Issue

    Miranda rights are not included in the Constitution. They were a fabrication of the SCOTUS to help ensure a fair application of Constitutionally guaranteed rights. There is nothing in the Constitution that says "if you are too stupid to read and understand your rights, and apply them yourself (with the proviso that you can have a lawyer), the rest of us, as the country, must pay for your ignorance."

    SCOTUS crafted an exemption to its own Miranda decision that can be applied in cases of public safety, which clearly applies here. I personally have no issue with the government waiving the Miranda notification and interrogating the bomber to find out if he and his brother were lone wolves or if they are part of a cell.

    On the Decision to Treat the Bomber as an Enemy Combatant

    Like it or not, the bomber was a US citizen. I find it highly offensive that he chose 9/11 to be naturalized and then became a turncoat on his fellow citizens, but this does not remove the fact that he was a citizen. US citizens, natural born or naturalized, have the rights enumerated in the Constitution. Treatment as an enemy combatant would allow the government to hold the bomber indefinitely and not give him a trial. US citizens are guaranteed a speedy trial under the Constitution. He is not guaranteed any particular outcome of that trail and could well be put to death, but he is guaranteed a trial. I personally find it reprehensible that we have senior members of Congress calling for treating the bomber as an enemy combatant.

    This is just my $0.02 – what say ye?
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  2. #2
    VIP Member Array suntzu's Avatar
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    Where's the poll?
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

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  3. #3
    Ex Member Array gregnsc's Avatar
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    There has been so much going on,hard to follow all of it.I think,they said,if he knew of nothing else,that was planned,or if there wasn't anyone else involved,he would be given his Miranda Rights.That said,it did come from the media.It will be interesting,to see how it goes.

  4. #4
    VIP Member Array Harryball's Avatar
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    Foreign or domestic, he is an enemy of the state. He should be treated as an enemy combatant.

    Edit to add: We should hang him from a telephone poll to make a statement....
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  5. #5
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Harryball View Post
    Foreign or domestic, he is an enemy of the state. He should be treated as an enemy combatant.
    Not saying he is..but what cellestial insight do you have that we do not? There has been squat about him and why he did what he did. Until that is established no one can state either way.

    Now, I do not think he should be tried as an enemy combatant. Whether we like it or not he is a US citizen. How many folks here were in an uproar over the NDAA that was passed last year? How quickly we toss aside philosohpies when we are angered at something. The Constitutution and the protections in it are designed for a reason.

    And IMO you cannot declare war or an idea or a method of operation...i.e terrorism. You declare war on a nation state.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

  6. #6
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    Quote Originally Posted by Harryball View Post
    Foreign or domestic, he is an enemy of the state. He should be treated as an enemy combatant.

    Edit to add: We should hang him from a telephone poll to make a statement....
    I have no problem with a public hanging and even leaving his corpse up for the birds to feed on. I do, however, have an issue with the government deciding not to try a citizen, regardless of how reprehensible said citizen is. Failure to do so weakens the constitution IMHO, i.e., you have the right to a speedy trial, unless we say you don't. Give him the trial, then hang him high if found guilty.
    ElkSniper likes this.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  7. #7
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    Quote Originally Posted by suntzu View Post
    Where's the poll?
    Do you really not see it? There have been 3 voters so far, me and 2 others.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  8. #8
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by ksholder View Post
    Do you really not see it? There have been 3 voters so far, me and 2 others.
    Dude, it was not there when I first went to the thread. I saw it a minute ago.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

  9. #9
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by suntzu View Post
    Not saying he is..but what cellestial insight do you have that we do not? There has been squat about him and why he did what he did. Until that is established no one can state either way.

    Now, I do not think he should be tried as an enemy combatant. Whether we like it or not he is a US citizen. How many folks here were in an uproar over the NDAA that was passed last year? How quickly we toss aside philosohpies when we are angered at something. The Constitutution and the protections in it are designed for a reason.

    And IMO you cannot declare war or an idea or a method of operation...i.e terrorism. You declare war on a nation state.
    The bold part I am not sure what you are asking. Are you saying that he is not a domestic terrorist? How much more proof do you need?
    Don"t let stupid be your skill set....

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  10. #10
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    Quote Originally Posted by suntzu View Post
    Dude, it was not there when I first went to the thread. I saw it a minute ago.
    Glad you found it. I wonder if there is a processing lag in the software before the poll portion shows up.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

  11. #11
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by Harryball View Post
    The bold part I am not sure what you are asking. Are you saying that he is not a domestic terrorist? How much more proof do you need?
    What is your definition of terrorist and how should it be applied to folks that you will deem enemy combatants? Timothy McVeigh was not for anyother country nor did he do what he did for the ideals of another country. How is he an enemy combatant?

    Same with this guy. We do not know his motives yet. He might have just decided to blow folks up because he thought it was fun.

    Should serial killers be enemy combatants? That is my point. I don't think a US citizen should be tried as an enemy combatant. Definitly not for actions on US soil and until we as a nation actually make a declaration of war against some one.
    Then I heard the voice of the Lord saying, “Whom shall I send? And who will go for us?”
    And I said, “Here am I. Send me!”

    Isaiah 6:8

  12. #12
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    I voted for option 1 and 4 based on the fact that he's a US citizen and if the letter of the law isn't followed, he could possibly get off on a technecality. Those are not what I would vote for in a perfect and just world but that's reality.

    Timothy McVeigh got a fairly speedy trial and execution...same should happen here.
    JoJoGunn, ElkSniper and Darrow75 like this.
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  13. #13
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    I might be misunderstanding why people keep on bringing up citizenship. Are there rights that should apply to a citizen in this case that shouldn't apply to a noncitizen? I thought people's opinion on rights were that they were natural and inalienable?
    There WILL be patents with this (simple) discovery. That, and "type III levers". It's untapped wealth, waiting for you who Google. Or your kids. People expanding on the potential are welcome to elucidate; I didn't phrase it well

  14. #14
    VIP Member Array Harryball's Avatar
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    Quote Originally Posted by suntzu View Post
    What is your definition of terrorist and how should it be applied to folks that you will deem enemy combatants? Timothy McVeigh was not for anyother country nor did he do what he did for the ideals of another country. How is he an enemy combatant?

    Same with this guy. We do not know his motives yet. He might have just decided to blow folks up because he thought it was fun.

    Should serial killers be enemy combatants? That is my point. I don't think a US citizen should be tried as an enemy combatant. Definitly not for actions on US soil and until we as a nation actually make a declaration of war against some one.
    Your right..my emotions got the better of me. He really should be treated like a criminal....
    Don"t let stupid be your skill set....

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  15. #15
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    Quote Originally Posted by Jeanlouise View Post
    I voted for option 1 and 4 based on the fact that he's a US citizen and if the letter of the law isn't followed, he could possibly get off on a technecality. Those are not what I would vote for in a perfect and just world but that's reality.

    Timothy McVeigh got a fairly speedy trial and execution...same should happen here.
    JL - I hear what you are saying, but I think we are covered by the exemption SCOTUS put in the Miranda rules.


    All - I just had another thought on the bomber and his knowledge of his rights. Given that the bomber was naturalized less than a year ago, and the study and testing to become a citizen may well have included evidence that he knew his rights, I wonder if this could be used as evidence that he knew what the Miranda warning is designed to ensure criminals know. The whole point of Miranda was to ensure that defendants know their basic rights. If the bomber took a written test less than a year ago that showed he knows these rights, could we, in a court, submit that as evidence that he already knew the rights the Miranda warning would have stated?
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

    You are only paranoid until you are right - then you are a visionary.

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