Buffalo, NY (WKBW) - With the surviving suspect from the Boston Marathon bombing awake, a lot of attention is turning to what comes next as the case builds against Dzokhar Tsarnaev.
Some are questioning -- should Dzhokhar receive his miranda rights immediately?
Civil rights activists say yes, but many others disagree.
Representative Chris Collins (R-Clarence), explains "at this point, public safety overrides other issues."
Another issue -- how will Tsarnaev be investigated and tried? Authorities need to weigh their options if he should be looked at as an enemy combatant or as an American citizen.
Congressman Chris Collins says as much as America wants justice, officials have to follow the Constitution. The decision-making process could take time.
"He is an American citizens," Collins explains. "This is clearly an act of terror -- is it an act of war? At what point do you consider somebody an enemy combatant."
Massachusetts does not have the death penalty. However, the federal government could seek it out if it Tsarnaev.
"This is just the type of crime it applies to," says Senator Chuck Schumer (D-NY). "The only time it's been used since 1994 was Timothy McVeigh. And given the facts I see, it would be appropriate to use in this case and I hope that they would apply it in federal court."
The government will be turning attention on itself too. Politicians are already criticizing the FBI after discovering the agency looked into Tamerlan Tsarnaev a few years ago.
Tamerlan, also known as Suspect #1, was killed in a police shootout with police on Thursday night.
"This man was pointed out by a government to be dangerous -- he was interviewed by the FBI once," says Schumer. "What did they find out? What did they miss?"
Many question if the bombing will influence immigration policy on Capitol Hill.
Both suspects were in the United States legally.