What we know about the history of the youngest Boston bombing
suspect Dzhokhar Tsarnaev (19) is that he immigrated to America as a child
along with his parents and older siblings. He did well in school and attended
some college classes. He became an American citizen on 9/11/2012 (how ironic), and
from all reports thus far, planned to make a life here in the U.S.
What we also know is that on Marathon Monday, he and his
brother were observed and photographed, at the scene placing backpacks in the
midst of the viewing public and walking away. Explosions in those exact
locations came within minutes. Over the course of the following 5 days, they
are suspects in the killing of a MIT police officer, carjacking a motorists, and
getting into a shootout with police. These are the facts as we know them.
What remains is why? I don’t know that we will ever really
know. Even if Dzhokhar gives us his reasons, I doubt anyone will accept it.
Their actions fail to align with any moral compass we relate to.
Larger Implications
There are several ethical and moral dilemmas raised by what
has happened since his capture.
Point 1:
Just prior to the attack, the country was divided on the
President’s ability to use drone strikes to kill Americans. Attorney General,
Eric Holder, was severely ridiculed for leaving open the right of a sitting
President’s use of a drone strike, to kill an American citizen, on U.S. soil. I
do not bring this up to debate it on it merits.
I raise it to say that this hot topic for the 24-hour news networks
and their pundits has silenced. No surprise there; everyone knows they would be
hard pressed to compare the rights of the innocent with those of a terrorist,
citizenship notwithstanding.
Point 2:
It is the right of all Americans placed under arrest, to
hear the following words:
“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 speak to an attorney. If you
cannot afford an attorney, one will be appointed to you. Do you understand
these rights as they have been read to you?”
This basic right is vitally important because without it,
not all Americans can expect to be treated fairly by the Justice System, especially
poor and minority populations. How and when to Mirandize a suspect, is crucial
to the prosecution of any defendant. Done properly anything said can and will
be used against them. Done improperly, and a murderer could walk free.
By waiting 2 days providing FBI investigators 16 hours to question
Dzhokhar Tsarnaev without his Miranda rights, receives majority support. If additional
attacks were planned or undetonated bombs were left in the community, giving
them the opportunity to interrogate him without the interference of an attorney
would have been lifesaving.
However, this is a slippery slope. Who gets to decide under
what circumstances a person gets the “special designation” in which they are
not given their Miranda rights? What levels of crime justify the means? Do
local police have the right to designate it so, pending the authority of
someone higher-up in government? Just asking, what if it was you?
Point 3
Follow me: To be found guilty, requires that one be morally
accountable. In order for one’s actions to be held accountable, they need to be
the result of free will. In order to have free will, you have to know your
options, motivations and consequences.
We would like to believe that an intelligent 19-year-old
American man who commits crimes of this magnitude has and understands his free
will. But we all know 25-year-olds who couldn't boil water. Let alone, become
radicalized enough to purchase the equipment necessary to build bombs, plan the
attack, place the items, walks away – telling no one about their activities,
and makes a run for it.
In the end, once alone Dzhokhar Tsarnaev was unarmed hiding
in a boat. There were no great plans for escape or firefight to the death. He
gave up, just like most any 19-year-old would do.
Dzhokhar Tsarnaev wasn't prepared to die for his cause his older
brother was.
I am so glad I get sit in the peanut gallery on this one. In the words of Carl Lee Hailey, from the film, A Time to Kill
“Yes they deserve to die and
I hope they burn in hell”.
Lala
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