Miranda rights

BostonGIrl4732

He probably will not get a fair trial in Boston.  He needs to be tried somewhere else.  I read somewhere they have 48 hours to read him his rights once they start questioning him.  Is that correct?

kaos16

It's important to keep in mind also that Miranda only refers to questioning while in custody.  People are under the misimpression often that anything they say to police will be thrown out if they weren't read their rights.  Police never have to read you your rights at all if they don't intend to question you.  Plenty of people just start spouting off at the mouth when confronted by the police about all sorts of stuff.  Yes, they will write down everything you are saying, and yes, it will be used against you because since they never asked you questions, they never had to read you your rights.

*None of this post is to be construed as legal advice in any way*

nextrightthing

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_chit-chat_miranda-rights?plckFindPostKey=Cat:Wedding BoardsForum:14Discussion:db33def4-38ae-4510-9da6-767fb971f456Post:d8d5f36a-7704-4090-80ea-a01c2048e7b2">Re: Miranda rights</a>:
[QUOTE]He probably will not get a fair trial in Boston.  He needs to be tried somewhere else.  I read somewhere they have 48 hours to read him his rights once they start questioning him.  Is that correct?
Posted by BostonGIrl4732[/QUOTE]

No.  If they start questioning him without reading him his rights, what he says between the time they start interrogating him and tell him what his rights are is not admissible at trial unless an exception applies.

As for whether the public safety exception would allow his statements to be admissible even absent being Mirandized, it is very fact-specific.  It would be very hard to predict that based on what is being publicized.  Hypothetically, if he is communicating now, I think the public safety exception would be a stretch considering he has been in custody for several days.  The case that brought about the public safety exception involved a situation where a cop asked a guy, in the heat of trying to arrest him but prior to mirandizing him, "where did you put the gun?"  And the guy told him. This was admissible because the cop asked him, "where did you put the gun?" in order to protect the public and, based on the situation, there was not ample time to mirandize him. 

I agree that the right to counsel is more concerning here, although, again, it doesn't matter much if he hasn't said anything.  The reason the right to counsel would be so important here is if he said things that an attorney would have advised him not to say. 

I doubt he would get a fair trial in Boston.

lyndausvi

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_chit-chat_miranda-rights?plckFindPostKey=Cat:Wedding%20BoardsForum:14Discussion:db33def4-38ae-4510-9da6-767fb971f456Post:954d69ef-ae53-4afc-97f5-582316fbdffd">Re: Miranda rights</a>:
[QUOTE]In Response to Re: Miranda rights : There is no death penalty in Massachusetts and he will most likely be tried here.  I doubt he will get a bench trial (in front of a judge) but its possible.  In my opinion, who cares, he's a murderer and a terrorist who killed innocent people, a child.  I have no sympathy. However, the jury selection process is very intense.  This isn't Law and Order where 12 people just show up and get chosen.  Jury selection can go on for weeks to make sure that the Defendant is getting a FAIR trial. I worked the Suffolk County DA's office in Boston for 5 years, 3 years in the Homicide Unit, and I've seen murderers walk back onto the streets. A man that raped and killed his girlfriend and her toddler. We all knew he was guilty, but we didn't have that hard evidence to show the jury (or an eye witness to come and testify against him).  The jury knew they couldn't convict someone without 100% knowing for sure and having that hard evidence in front of him.  So don't judge Massachusetts people yet on not giving this guy a fair trial....just telling you from my experiences.
Posted by GinaMelody[/QUOTE]

<div>Isn't he being charged in Federal Court?  If so that means he can get the death penalty.</div>

arendiva

This is a federal invesitagtion ( the FBI took charge from the get go) and I'm almost positive it's going to be tried in Federal Court. Whether or not the federal court will be in Massachusetts is too be determined. Though I think he has a case for seeking change of venue.