There appears to be a great deal of controversy over the delay in charging the alleged survivor of the Boston Marathon bombings and reading him his Miranda rights. The delay seems to be over whether to charge him with violation of the terrorist statutes under federal law providing for a death penalty, the state stautes for murder (Massachusetts has no death peanlty) or whether he should be treated as a foreign combatant and tried in a military court. Currently they are questioning him prior to reading him his Miranda rights under the public safety exception, but information gained without having advised him of his Miranda rights cannot be introduced at trial against him.
Question is the delay endangering a later conviction. What is your opinion?
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