Legal options were few in handling of Boston bombing suspect

David G. Savage and Richard A. Serrano (Los Angeles Times) | April 27, 2013

WASHINGTON — The federal rules say a person making an arrest “must take the defendant before a magistrate without unnecessary delay.” And the Supreme Court has said the judicial process must begin within 48 hours. This rule aims to “prevent secret detention,” wrote former Justice David H. Souter, adding that “no one with any smattering of the history of 20th-Century dictatorships needs a lecture on the subject.”

Despite criticism from Republicans and Democrats on Capitol Hill that the questioning of Boston Marathon bombing suspect Dzhokhar Tsarnaev was prematurely curtailed, legal experts say the only way to have avoided triggering that process once he was arrested a week ago would have been to declare him an enemy combatant. But many experts doubt the courts would permit secret detention of a suspect who is a U.S. citizen and was taken into custody in connection to a crime on American soil.

“All of this was done pursuant to standard court procedure,” said an Obama administration law enforcement official, who said that the administration believed it had little choice but to charge Tsarnaev, despite the considerable risk that he would stop talking and the frustration of a special team of federal agents who wanted to keep questioning him.

The time for questioning the 19-year-old suspect ended when federal Magistrate Judge Marianne B. Bowler came to his hospital room Monday, read him his rights and appointed a lawyer. He had been arrested April 19, and charges were filed and signed by the judge Sunday evening, within the 48-hour period.

Read more at: http://www.latimes.com/news/nationworld/nation/la-na-boston-legal-20130427,0,1962743.story

Photo credit: Elise Amendola, blankociated Press / April 26, 2013

Posted by on Apr 27 2013. Filed under News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply

*

Search Archive

Search by Date
Search by Category
Search with Google

Photo Gallery

Log in |
  • Home
  • Hispanic Gangs
  • Homies Figures – The Original Homies
  • Prison Gangs
  • The Inside Man – Confidential Informant, Los Angeles Gangs & the LAPD
  • Email
  • Connecticut Drug Threat Assessment report – 2003
  • Dianne Feinstein Report, The Gang Prevention and Effective Deterrence Act: Combating the Spread of Gang Violence – 2003
  • National Alliance of Gang Investigators 2005
  • L.A. Area Terrorized by Marauding Youngsters
  • Other Cities
  • Three persons were killed by shotgun blast in hotel on Vermont Avenue, 1979
  • Jamiel’s Law, proposed by Mayoral candiate Walter Moore
  • MAYOR VILLARAIGOSA, CHIEF BRATTON, AND LOCAL AND FEDERAL LAW ENFORCEMENT AGENCIES ANNOUNCE MAJOR CRACKDOWN ON L.A. STREET GANGS
  • Los Angeles Police Gang Enforcement Initiaitives – 2007
  • My Kingdom Come – 2015
  • Passing of Vincent A Alonso
  • Bibliography on street gangs for the gang researcher
  • Cal State Long Beach T-Shirt from “Oldest Bloods” Series
  • Four Pacc Crips car alliance (42, 43 & 48)
  • SG Music Group
  • Crip Gangs
  • Bloods
  • Asian Gangs
  • Forums
  • Shop
  • Injunctions
  • Contact information streetgangs.com
  • Resources
  • Contact