He's a jihadist plain and simple. News flash. Those are the guys we've been fighting for 13 years now. You know. Radical Islamic extremist. Why should he be treated any different then the tens of thousands that came before him that got 2 in the chest and 1 in the head?
Dzhokhar Tsarnaev has not taken up arms against the people of the United States. He is a US citizen who has committed a civil crime in violation of the laws of the Federal Code. As such he is entitled to all the rights guaranteed by the Constitution of the United States, including due process of law. He should be tried before a civilian court.
He is an American citizen (although the Constitution does not contain that as a limitation to due process) and the Constitution guarantees habeus corpus outside of war zones. I can see plausible justification for saying that GITMO detainees captured in war theatres could be held under the clause as long as the war is ongoing and then charge them with many among other things being an unlawful combatant.
If the government may deny him due process, it may deny any of us due process. If there is no due process the police may become more lax in collecting evidence because they won't need it. They may even just lock someone up and rush through a conviction to please the public sentiments and further their careers when there's a crime and they need someone to blame and can't find any evidence pointing to anybody.
Tsarnaev has not even been charged yet. First, he needs to be read his Miranda rights and be appointed an attorney. After that, he should be formally charged and given his pre trial. With that done, it is my opinion that he face the people he maimed, and the families whom last a loved one. He should face his peers, the ones damaged by him. They should be the ones to decide his fate.
The whole story of the crime, the planning and potentially the other people involved need to be investigated before the court and charges are decided. I think we do not have the full story yet. The news providers have a good start in researching Tsarnaev's involvement, motivation and what he'll be charged with. The police, FBI and immigration officials need to get the whole picture before decisions are made about a court or military trial so that all relevant information can be used.