General Discussion
In reply to the discussion: Report: Dzhokhar Tsarnaev's repeated requests for a lawyer were ignored [View all]DevonRex
(22,541 posts)Without counsel. You did realize that the right to an attorney is part of Miranda, didn't you? As soon as the charges against Dzhokhar were signed by the Justice Department on Sunday (which the Justice Department did not have to do so quickly) it meant that the magistrate would meet with him on Monday to Mirandize him. That gave the team of interrogators 16 hours (with Dzhokhar on pain meds, falling asleep at times) to ask him questions in the hospital. He responded to those questions in writing.
The magistrate brought a provisional court-appointed attorney with her to speak with Dzhokhar. They met briefly before the magistrate came in. Then the magistrate Mirandized him. Then the necessary financial information was obtained to ensure he qualifies for a court-appointed attorney. I'm sure much of it was permission to obtain it from his school and the IRS and his bank.
Most defendants have to wait days and even longer to speak to an appointed attorney. They don't grow on trees. They're overworked. And the defendant has to qualify first. Dzhokhar had one brought to him in the hospital. That was pretty nice of the magistrate. I think it was a good thing to do. The right thing to do. I agreed with using the exception. But I also am proud of the rights we afford even to people like Dzhokhar.