For much of the public, Dzhokhar Tsarnaev has already admitted guilt, whether or not his reported confession is admissible in court. A look at the challenges posed by pretrial publicity.
Dzhokhar Tsarnaev’s defense has their hands full with lots of issues.
But, one of their bigger problems is that if his case goes to trial, it has already been reported that he has confessed to the awful crime.
But that “confession” – if it actually happened – may or may not be allowed in a trial, since Mr. Tsarnaev had not yet been “Mirandized” – reminded of his rights to be represented by a lawyer and to remain silent.
However, for a lot of the public – some of whom might be potential jurors – he’s already admitted guilt.
The story illustrates a common legal problem in high profile cases in which the press is clamoring for information and sometimes someone in the government – maybe a prosecutor, maybe a police officer – is willing to oblige as long as they are not identified.
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