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How Will the Surviving Boston Marathon Suspect Be Prosecuted?

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The FBI calls this individual "Suspect 2"

After nearly five days of uncertainty, the main suspects behind the Boston Marathon Bombings were apprehended by authorities Friday;  Dzhokhar Tsarnaev and his deceased brother Tamerlan.

The 19-year-old surviving suspect is reportedly conscious and writing out answers to authorities questions, unable to speak after taking a bullet to the throat--which some reports say looks to be self-inflicted. During a press conference Monday White House Press Secretary Jay Carney announced Dzhokhar would be treated as an "enemy combatant" and did not have his Miranda Rights read to him. How will this effect the way the suspect is questioned, prosecuted and possibly punished?

Politico reports that by not reading him the rights, FBI investigators can question him about other potential plots he and his brother may have been aware of or involved in. Some experts though, like Harvard Law professor Alan Dershowitz, warn the FBI should not "give him any excuse to be able to successfully argue that his rights were denied. " POLITICO reports:

If a court found that Tsarnaev was not read his Miranda rights, the usual consequence would be that any statements he made prior to being read his rights could not be admitted at trial. However, prosecutors might not need such statements if they have overwhelming evidence of Tsarnaev’s guilt.

The 'Real News' team dissected the different legal paths in prosecuting Tsarnaev at the top of the show Monday, and debated whether or not treating him as an enemy combatant is the right course of action. Watch a clip from the segment below:

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