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For negligence and they have the option to sue in germany, because most of the people -- passengers were german. there is some french law, and because it happened in france criminally speaking that's the sole jurisdiction. but from everything we've seen t does not appear there is going to be any criminal prosecution. but civilly, they would have to prove that the airline was negligent and as a result of the airline's negligence people died. when there is crumpled up and ripped up notes in the pilot's house, how did the airline know about this? what procedures did they incorporate to protect th...

Killed them all, of course. >> let's bring in our legal guy, freeman and civil rights attorney and law professor in new york this week and richard herman and law professor from las vegas. good to see both of you. >> good to see you, fredricka. >> so avery, you first. do those muttered remarks by durst, spoke into a hot mic, neutralize two-party consent rule in california? >> well that's a rule in california where both parties have to consent. i don't think it applies at all. the fact is it's an unfettered stream of consciousness, it's exactly what prosecutors are looking for. this is an admiss...

When it is lifted that night. a resident calls 911, the suspect is hiding in his boat. >> he's got a sniper's rifle pointed right at his head because he was still a threat. >> he was still a threat. >> reporter: after an intent standoff tsarnaev surrenders. he's read his rights. deborah feyerick cnn, boston. >> federal prosecutors say they will seek the death penalty. let's bring in civil prosecutor good to sigh. and joining us from hawaii aloha to you. there you go. all right. let's talk about what is expected jury selection beginning monday. tsarnaev's lawyers tried to get this case delayed ...

It is hopeful that we won't see something like this in the future. unfortunately, i think we will. >> all right. avery, richard, thanks so much for your input. and of course, thank you for all the incredible work that you do every weekend, all year long, with your insight, with your expertise, with your intelligence and opening our eyes to fascinating cases and opening our eyes to looking at cases different ways. thanks so much for all that you bring. >> thank you. >> better things coming up for 2014, fredricka. >> see you, fred. >> we look forward to that. thank you so much and mahalo, as wel...

Supreme court review. here there was a presidential commission also established by president obama who, in the end, said you know, probably it violates the fourth amendment, but we're not real sure. we don't want to go there quite yet. there's a split in the country and the supreme court is is going to ultimately have to decide abo decide. avery, does this case have all the criteria that would, you know, satisfy the supreme court to even want to tackle a case like this? >> well, i think there are great public policies involved. again, the balance between fourth amendment, personal privacy, and...