I was not refering to the public safety stuff. That, in 10 years will wash out IMO. One of the core deals in our county is right to council - peroid!
It was actually a brillant plan. He babbled before Miranda, got out the big stuff Miranda, poof silent. The game there playing IMO, is muddle everything up .
Get the public safety vs Mirando rolling and we got another 5 years. AS we have already seen noone can agree on which is accurate interpretation and the interrelationship betwwen the two..
But the role of time IMO is vital here.
If we went out on the street and asked 25 people if they knew Miranda and then asked 25 more what Public Safety deal is, awareness about the later is much less.
If we asked do you have the right to council most would beleive that they violated his rights and by then the fact that he is a AMerican citizen , no different than any of us , that will ring even truer!
So in 10 years I would imagine a bunch of people who believe it to be such a core part of America would get hung up that. Throw in a couple of legal experts, in a decade, that murkey up Public safety vs Miranda and IMO - poof!
everything he said prior to Miranda not allowed in. There was some strategy here - the abruptness of his ceasation of talking was instant.
This kid is an AMerican citizen, by all accounts bright, collage history which he perfromed well for several year certainly knows right to council. By all accounts he assimilated well for quite a peroid of time over here.
He watched American television! SO the notion that he did not know about it until it was read to him , strikes me as kind of impossible.
But, IMO, in all liklihood all of this is moot .............there is no question about his guilt , its on tape, he has admitted it simple!
We can see all the complicated crap that is gonna waste the courts time and years and years just by a couple of the following:
Tsarnaev: Right to Counsel, Not Miranda, Is the Key violation of core rights than delaying Miranda warnings - namely, that prior to the magistrate's visit to his hospital room, Tsarnaev had repeatedly asked for a lawyer,
denying him the right to a lawyer after he repeatedly requests one is another thing evirtually unheard of for the "public safety" exception to be used to deny someone their right to a lawyer as opposed to delaying a Miranda warning ntirely: as fundamental a violation of crucial guaranteed rights as can be imagined
http://www.guardian.co.uk/commentisfree/2013/apr/29/tsarnaev-right-to-counsel-denied
And there is a blurred thing here
the longer investigators interrogate Tsarnaev outside Miranda, the more they run the risk that some statements they obtain from him may be inadmissible.
http://www.volokh.com/2013/04/20/tsarnaev-and-miranda-rights/