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jgoose71

How should Tsarnaev be handled? Criminal or Enemy Combatant?

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Right - they are actually making sure that he's being given civil court treatment. Meanwhile he's apparently quite cooperative. Which puts me on edge about whether he has requested counsel...



So what, in your opinion, would then be the role of a defense attorney in this case? To obstruct an investigation or ensure his client is treated fairly?

Look, this guy is going to get death or life in jail either way. There simply is no third option here. What would be the advantage of him not cooperating? I think it would be the lawyer's duty to see that the client is not abused and as long as he is cooperating that would seem like a good strategy.
quade -
The World's Most Boring Skydiver

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Easy there Mr. Defense Counsel.
;):D



Considering he damned near ran over the cops who were cuffing his brother, I'm not sure that would be much of a defense.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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Right - they are actually making sure that he's being given civil court treatment. Meanwhile he's apparently quite cooperative. Which puts me on edge about whether he has requested counsel...



So what, in your opinion, would then be the role of a defense attorney in this case? To obstruct an investigation or ensure his client is treated fairly?

Look, this guy is going to get death or life in jail either way. There simply is no third option here. What would be the advantage of him not cooperating? I think it would be the lawyer's duty to see that the client is not abused and as long as he is cooperating that would seem like a good strategy.



Without assistance of counsel, the govt gets the goods, and they still get to kill him. An attorney will do his best to broker cooperation in exchange for sparing his life. Alternatively, if the attorney thinks the govt won't deal, he will get his client to STFU so he doesn't say something that might blow either a guilt-phase defense or a penalty-phase defense. Assistance of counsel is never not needed.

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http://www.telegraph.co.uk/news/worldnews/northamerica/usa/10008638/Boston-bomber-FBI-dropped-the-ball-over-Tamerlan-Tsarnaev.html OK, I can't get this going, but according to the Russians, "the older brother made six visits to a know islamic militant in a mosque in the Russian Republic of Dagestan, 'but found nothing 'derogatory' against him'."? "Ist thing he does on return is set up a you tube website throwing out jihadist rhetoric. Clearly he was radicalized...." Yeah, I think he was radicalized with help from the local mosque, overseas mosque, and Al Queda on the internet. He was turned down for US citizenship more for his FBI interview than for domestic violence. I think he radicalized his younger brother into being what he was: a soldier of islam. What do you think? Not being a Christian has nothing to do with this.
Do your part for global warming: ban beans and hold all popcorn farts.

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I think he radicalized his younger brother into being what he was: a soldier of islam.



I can't find Islam on the map. Can you help me? If he was a soldier of the KKK should he still be considered an enemy combatant? What about a soldier of the IRA? What about someone who bombs abortion clinics, or a PETA radical who bombs an animal testing facility?

That would make everything so much simpler, since we are at war with "terror". So if anyone incites terror, we can treat them like an enemy combatant and deny them the rights that all people have under the Constitution. Be careful what you wish for, because before you know it people will be called terrorists for all sorts of things just so the government doesn't have to deal with those pesky courts.

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Not being a Christian has nothing to do with this.



Apparently it does, since the only thing that makes him different from McVeigh is that he is a "soldier of Islam".

- Dan G

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[Reply]So what, in your opinion, would then be the role of a defense attorney in this case? To obstruct an investigation or ensure his client is treated fairly?



Um - his client shutting up usually obstructs an investigation. May seem odd, but saying, "I'm not going to answer that question" in response to, "who taught you how to build these bombs" makes investigation much more difficult.

Here's a tip: last week the Supreme Court held that a warrantless blood draw from a person suspected of drunk driving violates the 4th Amendment. So is a person obstructing an investigation by refusing to give blood for a BAC test? Yep. As is her right.

[Reply]what would be the advantage



Immunity provides an advantage. Who gets the benefit of a defendant blabbing? The government, which is why the 5th Amendment exists.

He has a right to remain silent. A RIGHT to remain silent. It's a RIGHT. That's all that should be necessary.


My wife is hotter than your wife.

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You know what? I did think of the IRA the day the Boston bombings took place. They blew the shit out of London way before the "soldiers of allah" (I think the soldiers of allah did a better job). If you're looking for old KKK songs like "Onward Christian Soldiers", just google it.
Do your part for global warming: ban beans and hold all popcorn farts.

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Now here is a crazy thought: Suppose running over his brother wasn't really an accident. What if he came to the realization that his brother had pulled him into something that had just ruined his life?

Considering the stress of the situation (bullets flying, bombs blowing up) I doubt that would have been in any position for an introspective analysis of his life. Much more likely that the only thought on his mind was "must get out of here". Think of skydivers who find themselves in the basement, how many go for their main despite knowing full well that this would be a great time to whip out the reserve? High stress and rational thought are generally mutually exclusive.

Don
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Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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An attorney will do his best to broker cooperation in exchange for sparing his life. Alternatively, if the attorney thinks the govt won't deal, he will get his client to STFU so he doesn't say something that might blow either a guilt-phase defense or a penalty-phase defense.

Fair enough.

However, I'd say that it's extremely unlikely that any defense would be able to result in an acquittal at this point. Regardless of what he says or does not say, there is already a mountain of evidence against him that has been released in the effort to capture him. Avoiding the death penalty would probably have to pass for a "win" under the circumstances. Would a "win" that involved life without parole, perhaps in the Supermax prison like Ted Kazinski, locked up without human contact for 23 hrs/day, and let out to exercise alone for an hour, really be a better outcome than an early death? Especially if he does believe all that "heavenly reward" and "72 virgins" malarkey? If I was 19, and looking at 50+ years of solitary confinement vs a few years then "lights out" (as McVeigh did), at this point I'd probably be doing everything I could to ensure the latter outcome.

Don
_____________________________________
Tolerance is the cost we must pay for our adventure in liberty. (Dworkin, 1996)
“Education is not filling a bucket, but lighting a fire.” (Yeats)

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I'd say that it's extremely unlikely that any defense would be able to result in an acquittal at this point.



Yeh, I'd agree that's pretty obvious. I was thinking more along the lines of some kind of possible psych defense. As a matter of due diligence, until/unless it's conclusively ruled out, and attorney would have to treat it as ruled in, and protect his client accordingly. For starters, that means STFU (including w/written communications) until defense-retained psych experts have the chance to evaluate him.

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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?



That's a very reasonable question. The law was passed by Congress, which drafted the language. You have 2 Senators and 1 Congressperson. You're their employer. If you feel the law needs to be amended, communicate with them. Seriously.

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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?



Honestly? Because there is no such thing as the National Bomb Association.
quade -
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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?



Honestly? Because there is no such thing as the National Bomb Association.



Ha. Then why does the NRA give a shit about handguns?

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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?


Honestly? Because there is no such thing as the National Bomb Association.

Ha. Then why does the NRA give a shit about handguns?


Well, here we get into legal definitions. When does a "handgun" become a rifle? I think most handguns have rifled barrels; don't they? I mean it's all incrementalism and a slippery slope. So, that's probably why. ;)
quade -
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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?


Honestly? Because there is no such thing as the National Bomb Association.

Ha. Then why does the NRA give a shit about handguns?


Well, here we get into legal definitions. When does a "handgun" become a rifle? I think most handguns have rifled barrels; don't they? I mean it's all incrementalism and a slippery slope. So, that's probably why. ;)


What about the NAACP? "Colored people"? Strictly speaking, everyone of every ancestry is colored by melanin, except for albinos. The KKK is chock-full of colored people. What's with that?

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So then, let's drop the terrorism charge in the Boston case, once and for all! Murder, yes. Terrorism no!
To the dead it does not make no difference: bomb vs AR/AK. They are all the same!



Actually, there is a difference. A gun of any type is a directed weapon that puts holes in a person it is pointing at. Whereas a bomb is indiscriminate and will harm anyone within a radius, regardless if the person is an intended target or not. Nor does a bomb have to put a hole in a person in order to be fatal. Depending on the device, the shockwave itself can be enough to kill.
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Thus, an indiscriminately targeted gun, like in all directions/ shooting at whatever moves, is like a bomb.

Actually, there is a difference. A gun of any type is a directed weapon that puts holes in a person it is pointing at. Whereas a bomb is indiscriminate and will harm anyone within a radius, regardless if the person is an intended target or not.

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Why is a bomb a weapon of mass destruction, but not an AR-15? Three people died from two bombs, but one gun killed 16 in Aurora or 22 in Newtown. Why is one terrorism and one "only" mass murder?


Honestly? Because there is no such thing as the National Bomb Association.

Ha. Then why does the NRA give a shit about handguns?


Well, here we get into legal definitions. When does a "handgun" become a rifle? I think most handguns have rifled barrels; don't they? I mean it's all incrementalism and a slippery slope. So, that's probably why. ;)


What about the NAACP? "Colored people"? Strictly speaking, everyone of every ancestry is colored by melanin, except for albinos. The KKK is chock-full of colored people. What's with that?


Strictly speaking, persons can be very different from humans. Persons and peoples can be created legally. Therefore, it seems the NAACP created a group of "colored people" and excluded your white A$$. :D:D:D

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Nor does a bomb have to put a hole in a person in order to be fatal. Depending on the device, the shockwave itself can be enough to kill.



aka "Fuel-Air Explosive": http://www.youtube.com/watch?v=j9xCgNdZPKk
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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