(VIA Newsy.com) – Federal authorities took Boston bombing suspect Dzhokar Tsarnaev into custody Friday evening — but not through the same legal process that applies to common criminals.
Interrogating suspects in custody without first being read their rights typically carries a hefty punishment for the prosecution. But a 2011 FBI policy change determined agents could delay reading Miranda rights to a suspect in “exceptional cases,” like terrorism.
The Supreme Court ruled in 1966 that failure by authorities to inform a criminal suspect of their right to remain silent, to consult an attorney and that their statements are admissible in a court of law are a violation of the suspect’s Fifth and Sixth Amendment rights. The Fifth Amendment protects a suspect’s rights against self-incrimination and the Sixth Amendment guarantees right to legal counsel and a speedy trial.
However, the public safety exemption does not allow broad ranging questions for the purpose of building a criminal case, and eventually, the suspect must be read his rights. Although the amount of time that passes before that happens can vary, and any question answered that doesn’t address public safety would be inadmissible in civil court.
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