And if and when Tsarnaev is well enough to be questioned, the interrogation should start with a Miranda warning.
Under a 1984 Supreme Court ruling, a public-safety exception allows investigators to question suspects for an unspecified period without giving them a Miranda warning.
Those had seemed to allow the admissibility of physical evidence found as a result of statements made by defendants before they had heard the Miranda warning.
Should Facebook give users a Miranda warning before they sign up that anything they post and do on the site can and will be used against them?
Critics painted the FBI agents as inexperienced locals, saying that reading the Miranda warning ensures non-cooperation and arguing that a more "suitable" entity than the FBI should have been in charge.
He changed his mind partly because most American police forces, which originally opposed the Miranda warning, now embrace it as a useful procedure which reduces courtroom disputes about the voluntariness of confessions.
On a plane, after being read his Miranda warning, he waived his rights, answered questions and then signed a two-page summary on his role in the Jan. 25, 1993, shooting spree outside CIA Headquarters in Langley, Va.
He immediately stopped talking after a magistrate judge and a representative from the U.S. Attorney's office entered the room and gave him his Miranda warning, according to a U.S. law enforcement official and others briefed on the interrogation.
But many supporters of the Miranda warning argue that, if the court decides the case this way, police across the country will be encouraged to interrogate suspects regularly without the warning to gather as much physical evidence as possible, leaving many vulnerable to intimidation and undermining Miranda's effect.
The Miranda-like warning will most certainly prompt some workers who receive it to think twice about their status.
应用推荐