Why is everyone assuming he will answer questions?

[Jersey Devil]

OK, he doesn't have to be Mirandized for a period of time, probably 48 hours, due to the exception ruled on by the courts when looking to prevent further terror, but that doesn't mean he has to answer questions.

Being Mirandized is simply informing someone of their rights. If they already know their rights, which I would think most do, they can simply refuse to answer questions and ask for a lawyer. They cannot force anyone to answer questions if they do not want to.

So while all of the media keeps saying he will now answer questions I would not be so certain.

[tblue37]

1. It sounds as though his brother was the "mastermind" with the

purpose and convictions. The younger brother seems, if reports are accurate, to have been following his brother's lead. Without his brother around, he might be easily inflenced. His friends' comments about how desperate this kid always was to be liked and to win approval suggest that he will let a strong personality lead him. My guess is that he will tell everything fairly quickly.

[Jersey Devil]

3. I hope you are right, but I would not bet he will talk

He may not. He has nothing to gain by talking, unless the possibility of life in prison is more appealing to him than the death penalty, and I would wager none of the interrogators would be authorized to make that deal with him.

[tblue37]

5. He is terrified. He was so desperate to escape

Last edited Sat Apr 20, 2013, 10:16 AM - Edit history (1)

that he ran over his wounded brother in his SUV. That might even be what finished the brother off.

Even his final shootout with the police sounds like frantic fear. I imagine the big brother would not have cracked, since he had the religious conviction thing going for him, but it sounds as though this kid is just a weak-willed follower.

[backscatter712]

18. A good interrogator can exploit this.

He can guilt-trip the hell out of him by saying not only did he murder & maim all those people at the marathon, but that he killed his own brother - maybe that could get him talking.

[notadmblnd]

10. Yes, he does have something to gain by talking-

Avoidence of the death penalty.

[pipoman]

13. Sounds like a defense strategy to me...

"The younger brother seems, if reports are accurate, to have been following his brother's lead."

No, he should be charged and prosecuted as if he is the only one planning...he should (and likely will) be charged with his brothers death right along with all of the other crimes he chose to commit..We're not in Chechnya...he had free will and chose to do these things..

[emulatorloo]

2. Because cable news media is good at ass-uming

They have all that 24hr time slot to fill

[treestar]

4. True, it is possible he will invoke the Fifth.

I thought he is the one they have dropping the backpack on tape. Still that may not actually prove it was the bomb. But it is strong circumstantial evidence if there are bomb making materials in his apartment. So if the case is that strong against him, he may be abel to make a deal re the punishment, that is, if they did this for a terror group.

If he won't say anything at all, he is either a fanatic or did it on his own and has no information about other terrorists to give them.

[bhikkhu]

6. He's got a long, solitary life ahead of him

chances are. I'd almost guarantee at some near point that he sees the stupidity of what he's done.

Someone like Kadzinski wouldn't, having locked himself down firmly over many years into his own little fantasy world, but this guy is a kid, and the biggest influence (apparently) on his brief life is now a corpse, that led him into a nightmare with zero defensible results. I can't imagine getting that stupid in the first place, but staying that stupid should be nearly impossible for a 19 year old.

[Kahuna]

7. He could be talkative because he's in shock over the death of his brother..

his being wounded and captured and because he may feel that he has nothing and no one to live for.

[joeglow3]

8. He will accidentally end up on a plane to a foreign nation

[Yo_Mama]

9. Well, he may

After all, the two brothers told the carjack victim that they were the bombers. They may have been proud of the deed.

This young man is intelligent. He was good in school, and he got an academic scholarship. There is obviously no point at this time in claiming that he didn't do the bombing - the mountain of evidence that they generated during their flight attempt is inescapable. He may just want to boast. A clever interrogator is good at manipulating emotions to exploit any such desire.

I agree that he would already know his Miranda rights. Almost all of us do. It's just going to depend on his state of mind. The best he can hope for is life in prison without parole, and he probably knows that.

[madokie]

11. Amazing what one will do or say

when they start pulling fingernails out

[H2O Man]

12. Important factors:

(1) He's a teenager;
(2) his brother was the "leader";
(3) his brother is dead;
(4) his family is upset;
(5) he is medicated;
(6) he doesn't want to die; and
(7) law enforcement has capable people questioning him.

It is possible that he won't talk. But not as likely as that he will.

[pipoman]

15. I am not sure #2 is a fact at all...

[smirkymonkey]

24. Good points.

I really hope he does talk. I think this kid was under the influence of his brother and I think that his guilt is lesser. I do think he is entirely guilty, but not as guilty as his older brother.

[jambo101]

14. If he was so easily brainwashed into thinking throwing bombs for Allah was a good idea.

We should be able to use a bit of psychology to deprogram the guy and get any info we want out of him.

[charlyvi]

16. Agreed.

Those who are trained in interrogation techniques, and I'm not talking about torture here, have a proven track record at getting info.

[Nevernose]

17. He did this to get attention for something

Either a political point or an emotional one, which indicates he'll talk in order to make his point perfectly clear.

[W_HAMILTON]

19. This whole situation has raised a number of questions for me

In another thread, I asked if a suspect's "right to remain silent" applies at all times or only after he has been read his Miranda rights. From your post, it sounds like a suspect has the "right to remain silent" at all times, even if he has not been read his Miranda rights. Is this accurate?

I know that a lot of people say you should watch what you say to the police (even if you are innocent) and not implicate yourself even if you get pulled over for something as simple as speeding. If I were to be pulled over and admitted to the cop that I was speeding but then later chose to challenge the ticket in court, could my admission be used against me if I had not been read my Miranda rights prior to admitting guilt?

[riderinthestorm]

20. Why does anyone think he'll even be lucid enough within the 48 hour time window, to answer ??s

He's in serious condition iirc. The clock is ticking. He may not even be able to answer a thing during that window.

[GeorgeGist]

21. Since he was granted citizenship quite recently (Sept 2012) ...

he probably knows his rights better than most Americans.

[Logical]

22. Because people are clueless and the police can lie to them. n-t

[Marrah_G]

23. I think he will

I think he is probably scared to death right now, as he should be.

[Cleita]

25. Because he will. It may not be immediately but he will down the line.

Most murderers do give it all up in the end once they are thrown into the slammer if they aren't killed first. Charlie Manson has no more secrets.

[Raine]

26. He's young, scared and alone. The questioners will probably convince him

it's in his best interest to co-operate and without his brother's influence its likely he will.

[pinboy3niner]

27. Who is assuming that?

Various reports have focused on how he will be treated under the law. How he may respond is nothing but speculation.

[Sgent]

28. They will not "mirandize" him until the first hearing in court

when the right to an attorney kicks in. There is no requirement to read the Miranda rights to someone in custody. however, if the police don't read the rights, then they cannot use anything he says (or anything they find from what he says) against *him* in court.

They can still use what he says to get warrants, etc. on other people.