Will Dzhokhar Tsarnaev a Naturalized US citizen

[Mariana2012 89]

I guess if it says so right there in that paper , then it must be the truth..uggghhh media.

Do you know it not to be true?

[BigDaddy28 228]

Do you actually believe everything written on the internet or said on TV?

[destiny64 222]

Do you know it not to be true?

Do you know it to be absolutely true?

[Mariana2012 89]

Do you know it to be absolutely true?

So since none of us knows for sure , it is fair to assume it could be true or false. I was under the impression you were claiming the story was false. My bad...

By the way, has anyone notice the irony of the date the older terrorist became a US citizen? September 11th....

Edited April 20, 2013 by Mariana2012

[destiny64 222]

No I couldn't say if it was true or not , I just don't have a lot of faith in the media. Especially when its coming from an overseas source. I don't believe that people from terrorists cells should receive luxury treatment. However unless they have actually carried out something , I do believe some sort of rehabilitation is good vs locking them up for so many years and then letting them out to return to where they left off. Not saying that rehabilitation works either for all , and of course in many cases it doesn't but it might for a few. I have lived in Saudi Arabia many years ago and can assure you that this prison isn't the norm, the exact opposite in fact.

[destiny64 222]

So since none of us knows for sure , it is fair to assume it could be true or false. I was under the impression you were claiming the story was false. My bad...

By the way, has anyone notice the irony of the date the older terrorist became a US citizen? September 11th....

Younger not older. the older brother was a LPR.

[destiny64 222]

Another note about that article, there is absolutely no way they would be saying they are having sex parties in Saudi Arabia. That in itself makes the whole thing seem like a farce, not to mention the date of the article itself being released April 20th and who has ever heard of that paper before???...Its coincidental that they released it today..NOT. Pot stirrers at their best.

[Boiler 45,525]

Good fences make good neighbours.

I thought it was only the guy they caught who naturalised, amusingly on 911 last year.

As fas as the Parents are concerned neither can speak English, seems the mother is a bit of a nutter and would be arrested on theft charges is she sought to return.

Edited April 21, 2013 by Boiler

[Ridcully41 1]

He will be tried under federal law, not Massachusetts law

i'm no lawyer so you are most likely right out of interest what law would that be?

[Ridcully41 1]

just my opinion but you really shouldn't read too much into the daily mail

[Boiler 45,525]

Federal Law.

Res Ipsa Loquita.

[Ridcully41 1]

Federal Law.

Res Ipsa Loquita.

thank you, i must admit i didn't know that, i didn't know that Res Ipsa Loquita could be used against a US citizen in Massachusetts or any other part of the US thank you for answering my question

[newlyweds2010 208]

Citizenship does matter, and before talk of death penalty happens, he first must be tried and found guilty of a federal crime (as oppose to a state one). As someone else said earlier, one is presumed innocent until proven guilty. Not saying he is innocent, but as lawyers always say, it is one thing what you know and an entirely different one what you can prove.

He will have to be proven guilty beyond any doubt; which is not as simple. To begin with, he might have to be tried in a different jurisdiction, because of the possible prejudice he would have. The whole judicial side of this case could take several years.

How does citizenship matters? If he is stripped of his US citizenship prior to being judged, found guilty and sentenced; his attorney could argue that he is an enemy combatant for example, and if that view prevails, then Geneva Convention rules apply. BTW, IANAL but have a lot of first hand experience in laws and judicial procedures.

As I said, this could be a milestone case in US judicial system.

I am not a criminal lawyer, but I don't think that it would be that simple to claim the application of the Geneva Convention. First, one can always renounce his or her citizenship. If the enemy combatant argument was a defense, he could always renounce his citizenship without having the US Government take it away from him. However, I would be surprised if there was nothing in the Patriot Act excluding the application of the Geneva Convention for this kind of crimes. Also, you have to look at the facts at the time of the crime. Until he renounces (or is taken away) his citizenship, he is a US citizen, and he was last week when he committed the crime. At that time he was not an enemy combatant; he committed a crime against his peers. Finally, there have been other cases of naturalized citizens who committed or attempted to commit this kind of horrible acts: think of that guy with the van in Manhattan a few years ago. He was tried and found guilty, and is now in prison for life without parole in the US. Is he still a US citizen or not (just asking, I don't know the answer)?

[newlyweds2010 208]

Federal Law.

Res Ipsa Loquita.

I knew that in tort law there is a doctrine called Res Ipsa Loquitur, never heard of Res Ipsa Loquita, let alone in determining whether a crime is federal or state.

[Ridcully41 1]

I knew that in tort law there is a doctrine called Res Ipsa Loquitur, never heard of Res Ipsa Loquita, let alone in determining whether a crime is federal or state.

Res Ipsa Loquita is a well defined legal term under UK law, not sure about the rest of the world though, maybe something got lost in translation lol