Serious question... Have we verified that the reason he hasn't been mirandized yet is anything other than the fact that he's in serious condition and may not yet be able to affirm that he is aware of his rights?
So, no.
A DOJ official explains why Boston Marathon bombing suspect Dzokhar Tsarnaev has not been read his Miranda rights.
"The suspect is en route to the hospital for immediate treatment," the official tells TPM's Sahil Kapur. "But we plan to invoke the public safety exception to Miranda in order to question the suspect extensively about other potential explosive devices or accomplices and to gain critical intelligence."
The public safety exception allows law enforcement officials to question suspects briefly in a legally admissable way prior to providing Miranda rights in cases of terrorism or when the public might face imminent threat.
I'm not versed in the law at all, but this seems intuitively sketchy and lacking in justification. Am I missing something?
Here in Australia, things are a little different - not talking to the police can be held against you in a court of law, as you've hindered them in their duties. I'm not sure of the details, just that the local law advice sites say "It's not like in the US on TV".