In some cases, though, shouldn't the safety of the public be taken into consideration? For instance, according to some news outlets
, Dzhokhar claimed that after the Boston Marathon, he and his brother were going to head to Times Square in New York City, New York to detonate additional explosive devices. After that, who knows? The cops got him off the street and used the exception in the interest of Public safety to ensure that these two weren't funded by some larger terrorirst group. (Which he claims they were not; whether that is to be believed is another issue).
My point: sometimes there are extreme circumstances. In those instances, the rights of criminals should at least be suspended in the interest of protecting the lives of the general public. I am not advocating a police state. Far from that. I am advocating the authorities getting people like Dzhokhar and Tamerlan Tsarnaev off the streets and preventing people they may have been associated with from following in their footsteps and finishing what they started.
Also worth consideration: Was Dzhokhar Tsarnaev's citizenship valid? When becoming a naturalized citizen of the United States of America, one must take an oath
, swearing loyalty to the United States. Detonating the bombs at the marathon with the expressed intent of maiming U.S. Citizens (and foreign nationals visiting to participate/watch) could be seen as an act of treason; it could also be argued (but proven? I am not so sure, admittedly) that when he took the oath, he didn't actually intend to live up to it.
"I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will bear arms on behalf of the United States when required by the law; that I will perform noncombatant service in the armed forces of the United States when required by the law; that I will perform work of national importance under civilian direction when required by the law; and that I take this obligation freely without any mental reservation or purpose of evasion; so help me God."