Sunday, October 5, 2014

Constitutional Issues - Boston Marathon Bombing

1. Miranda warnings

Dzhokhar Tsarnaev taken into custody

          
           
Dzhokhar Tsarnaev, the name that we are all talking about in this case. The issue at hand is that Mr.Tsarnaev was not read his Miranda rights before he was questioned, the main issue is that before a suspect is questioned he has to be read his rights. The excuse that the police are using is that they were not required to read him his Constitutional rights because of something called the public safety exemption. Investigators could circumvent reading Mr.Tsarnaev his rights because he was a terrorist and it was a serious issue of national security at the time. Keep in mind that Dzhokhar Tsarnaev was interrogated for sixteen hours, without being told not even once the rights that he had.






2. Death Penalty

                                        What was leftover of the backpack used in the bombing  
     



Dzhokhar Tsarnaev is in serious trouble, federal prosecutors will probably want to give him the death penalty. The only issue with this is that in Massachusetts the death penalty is nonexistent, but Dzhokhar Tsarnaev will be prosecuted in federal court so federal laws apply, like the death penalty. This really hits a key on the piano of rights, we can see that if he committed the crime in Massachusetts then why would he be convicted in Federal court? What is probably happening is the prosecutors want to circumvent Dzhokhar Tsarnaev’s rights and give him the death penalty.

3. Unregistered Guns
              The brothers taking aim and firing on the officers
It was made aware on Monday that Tsarnaev and his brother, Tamerlan, were using guns that hadn’t been registered into the gun database. The two brothers had an absurd amount of ammo for these unregistered guns, and use this ammo against police officers. The issue of concern here is that the brothers resided in Massachusetts and the state has some of the strongest gun laws in all the nation. So how did the brothers get these guns? When they live in one of the most anti-gun states in the nation.

4. Immigration
                    Boston Marathon bombers were coming to New York to party after massacre
The Tsarnaev brother’s immigration status has crossed into the headlights of the prosecutors. Dzhokhar Tsaraev became a U.S. citizen last year. But Tamerlan Tsaraev his brother had the process delayed because of Russia wanting to speak to him. They real issue here is how this will effect immigration in the United States, and how massive problems like this related to immigration will be prevented in the future.


5. Privacy
                                           Aerial Images Show Boston Bombing Suspect In Boat

            Tamerlan (front) and Dzhokhar Tsarnaev as seen on security camera footage just prior to the bombing
The issue of privacy has now navigated itself into the playing field. The evidence that investigators used to capture the two brother, was acquired from private cameras. The issue is that some of the videos that the police took were using thermal imaging, and that is a big no no to the Fourth amendment. It was brought up in the Supreme Court once and the court found that it was a violation of the Fourth Amendment to look inside homes without a warrant.

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