The Boston Marathon Booming

The 2013 Boston Marathon bombing case violated constitutional amendments. The Court seeks a death penalty that must go through a death-penalty protocol. I believe that the Boston Marathon Bombing case violated the living suspects constitutional right by violating the miranda warning and privacy for this the court should not charge the victim with the death penalty punishment. The Boston marathon bombing had one suspect in custody another suspect dead, and a nation has grieve for the victims. The intense publicity over the case has generated some debate about constitutional issues.

The Miranda warning as known as the fifth Amendment in the constitutional. The wording used when a person is read the Miranda Warning, also known as being ‘Mirandized,’ is clear and direct: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. The living suspect, Dzhokhar Tsarnaev, has the right to receive a Miranda warning before getting questioned by federal investigators. This was the constitutional issue that was violated when was arrested and not been read his miranda rights.

The fourth Amendment was violated when they looked inside a house without a warrant. All U.S. citizens have full constitutional protection. But what if a U.S. citizen is a suspected terrorist? Should he/she be guaranteed his rights on the suspicion of terrorism? The answer is yes. All U.S citizens regardless of the suspicion of terrorism or espionage, have constitutional protection. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.The Law enforcement didn’t get a warrant to search a facility were Dzhokhar was hiding. The Law enforcement used thermal-imaging technology from a helicopter to see Dzhokhar Tsarnaev inside a boat parked in a driveway. This is a constitutional violation and should have him punished less because they didn’t arrest him in a lawful way.

Unregistered guns were reports on that Tsarnaev and his brother, Tamerlan, were using unregistered guns in their fatal assault on an MIT police officer and other law enforcement members. Massachusetts already has one of the strictest sets of gun laws in the country—in fact, the Brady Campaign ranks the state as the fourth-strictest when it comes to gun laws in America. Unregistered firearms. In NSW, supplying, acquiring, using or possessing a firearm that is not registered carries a maximum penalty of 14 years imprisonment if the firearm is a pistol or a prohibited firearm, or 5 years imprisonment in any other case. Dzhokhar should only be 14 year and no have to to be charged a death penalty.

According to RCW 42.56.050 A person’s ‘right to privacy,’ ‘right of privacy,’ ‘privacy,’ or ‘personal privacy,’ as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person.This is a state laws that violated the privacy in the search and seizure without a warrant of the suspect. Also, RCW 9.41.040 Unlawful possession of firearms—Ownership, possession by certain persons—Restoration of right to possess—Penalties. This law was also violation of personal laws because the the gun was unregister. According to RCW 10.95.180 The punishment of death shall be supervised by the superintendent of the penitentiary and shall be inflicted by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until the defendant is dead, or, at the election of the defendant, by hanging by the neck until the defendant is dead. In any case, death shall be pronounced by a licensed physician.

On May 15, 2015, the jury recommended that Tsarnaev be sentenced to death by lethal injection on six of 17 capital counts. This shouldn’t happen because the violated constitutional right of Dzhokhar Tsarnaev. Another issue that came up almost immediately after Tsarnaev’s capture was if he would be eligible for the death penalty if federal prosecutors decide to seek it in the case. Massachusetts doesn’t have the death penalty, but Tsarnaev will be tried in a federal court.In a statement, the Justice Department said Tsarnaev will be charged with use of a weapon of mass destruction and malicious destruction of property resulting in death. The department said the death penalty is one option on the table.In reality, the Tsarnaev case could be years away from a trial, so the death penalty debate will probably take a back seat as more facts are revealed about the case.

The Tsarnaev brothers’ immigration status is crossing over into the debate about immigration currently in Congress. Iowa Senator Chuck Grassley is arguing the Boston Marathon case will bolster the argument for immigration reform, while Senator Marco Rubio says the incident has no bearing on the immigration debate. Dzhokhar Tsarnaev became a U.S. citizen last year. But Tamerlan Tsarnaev’s citizenship, as reported in The New York Times, was delayed when Homeland Security investigators found out he had been interviewed by the FBI in 2011 at the request of the Russian government. For this he should just lose his citizenship and be sent back to his home country.

In conclusion, The Boston marathon bombing case violated five constitutional amendments but the court still seeks a death penalty that must go through a death-penalty protocol. During the time they arrested him he wasn’t read his miranda right to him, he didn’t have to right to privacy when they used thermal imaging to find him, it was a unregistered gun so he should only have to face 15 years in prison, he is a citizen on the united states, and he is faced with a death penalty. This is the constitutional issues that occurred on April 15, 2013. To this day Dzhokhar is sitting in a Colorado supermax prison, according to federal prison records. The boston marathon was a tragic mistake the Tsarnaev brothers made to Tamerlan dying by getting shoot and not getting the wound treated right away and Dzhokhar is faced with a death sentence.

References

  1. “Five Constitutional Issues Raised by the Boston Marathon Case.” National Constitution Center – Constitutioncenter.org, National Constitution Center, constitutioncenter.org/blog/five-constitutional-issues-raised-by-the-boston-marathon-case.
  2. “What Are Your Miranda Rights?” Miranda Warning, www.mirandawarning.org/whatareyourmirandarights.html.
  3. Constitute, www.constituteproject.org/constitution/United_States_of_America_1992.
  4. “Unregistered Firearms.” Murder & Manslaughter | Criminal Offences | Armstrong Legal, www.armstronglegal.com.au/criminal-law/offences/firearms/unregistered.
  5. RCW 46.61.673: Dangerously Distracted Driving., app.leg.wa.gov/rcw/default.aspx?cite=42.56.050.
  6. RCW 46.61.673: Dangerously Distracted Driving., app.leg.wa.gov/rcw/default.aspx?cite=9.41.040.
  7. RCW 46.61.673: Dangerously Distracted Driving., app.leg.wa.gov/rcw/default.aspx?cite=10.95.180.
  8. Goldman, Adam. “Boston Marathon Bomber Dzhokhar Tsarnaev Sentenced to Death despite Appeals for Mercy.” The Washington Post, WP Company, 15 May 2015, www.washingtonpost.com/world/national-security/jury-weighs-death-penalty-for-boston-marathon-bomber/2015/05/15/30a493b8-fb07-11e4-9ef4-1bb7ce3b3fb7_story.html?utm_term=.5be2731c377b.
  9. Nolo. “Understanding Search-and-Seizure Law.” Www.nolo.com, Nolo, 18 Dec. 2014, www.nolo.com/legal-encyclopedia/search-seizure-criminal-law-30183.html.
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The Boston Marathon booming. (2021, Oct 14). Retrieved October 27, 2021 , from
https://studydriver.com/the-boston-marathon-booming/

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