Hasan will face a court-martial

[struggle4progress]

Source: NY Daily News

BY Richard Sisk
DAILY NEWS WASHINGTON BUREAU
Monday, November 9th 2009, 11:02 PM

WASHINGTON - Army Maj. Nidal Malik Hasan will be tried in a military court-martial, and prosecutors are expected to seek the death penalty, officials said yesterday.

FBI and Army investigators tried to interview Hasan, who is recovering from bullet wounds in a San Antonio Army hospital, on Sunday, but he refused and demanded a lawyer.

Under the military system, Hasan's fellow Army officers - almost certainly combat veterans - will rule on whether he is guilty of the mass murder of 12 soldiers and one civilian at Fort Hood, and, if so, on his punishment. A death penalty would be carried out by lethal injection.

The last military execution was carried out in 1961, and the last execution in a federal court case was in 2003 ...

http://www.nydailynews.com/news/national/2009/11/10/200...

Read more: http://www.nydailynews.com/news/national/2009/11/10/200...

[still_one]

1. Whether it is done by a miltary court, or a Texas court, I have no doubt that they would

have gone for capital punishment

In fact he might stand a better chance for an insanity plea with the military court than he would with a Texas court

[LisaL]

4. Insanity?

He refused to talk to investigators and demanded a lawyer. Does that sound like an insane person to you?

[boppers]

8. Knowing one's rights is something sane, and insane, people should be aware of.

We have a Bill of Rights for a reason.

[LisaL]

33. To qualify as "legally insane" a person should not know right

from wrong. Asking for a lawyer doesn't mesh well with that.

[dschis]

34. The UCMJ in this case. It provides more rights than

most civilian courts. But make no mistake, when the Army puts someone on trial the prosecution has it's stuff together. You've heard about all of the questions being asked of witnesses, measuring bullet trajectories, etc. The Provost Marshal on Hood will be the one who's basically in charge, the FBI (they have to ask, be invited there or in some cases Federal Court, Presidential order) and the CID will keep him/her briefed. The PM and JAG will be the ones that bring the formal charges. The FBI was called to make sure the case was absolutely airtight and there isn't a wider conspiracy. Make no mistake, the good major knows his rights and was reminded of his rights under Article 31.

[SkyDaddy7]

16. I heard he was alert and talking...

So, he already requested to speak to an attorney, huh? Oh well, that is his right...I agree, an insanity defense won't cut it. Even though I understand why we go through all the trouble and cost of saving his life but it just seems odd we did all that to turn around and kill him.

I will say this, I think "IF" it turns out this guy was a "jihadist" ought to keep him alive! This goes for every so called religious nut job hell bent on dying for their SkyDaddy! However, in the long run it really does not matter as we all know there is no heaven, hell, paradise or lake of hell fire...We all go back to the same "nothing" as before we were born.

I wonder if they will allow the civilian authorities to put him on trial as well...He did shoot at least one civilian police officer. Probably not, especially if they get a death penalty conviction.

[still_one]

24. I am not arguing his case, I am only suggesting that is most likely the defense he would

use. I am not sure what you are projecting by personalizing it as though I believe he is sane or not sane, I was just suggesting a possible strategy

In no way was I condoning it, or what the penalty should be

What do you think his attorney will plead? guilty? I highly doubt it. That again isn't my opinion, just what I think HIS ATTORNEY WOULD DO

[muriel_volestrangler]

14. I'd think a psychiatrist would have a hard time making an insanity plea

Since he was in regular contact with other psychiatrists in the time leading up to the killings, who apparently didn't think there was anything of concern in his behaviour (he carried on working as normal, after all), I'd think it's hard for him to claim he was insane then.

[CaliforniaPeggy]

2. That's it...

Bury him, so the truth will never get out.

[proteus_lives]

6. What other truth?

He killed 12 people.

What's the hidden truth to that?

[CaliforniaPeggy]

11. Yes, he did.

But I meant why did he?

Were things missed by the base commander?'

Things like that will most likely never be known.

[WriteDown]

25. I heard he was seen drinking a lot of Coke Zero. nt

[Cleita]

3. I hope he will be tried by a court and not rendered somewhere as

a terrorist, since American newthink is that terrorists don't need a court trial.

[Lost-in-FL]

5. Demote him to Private and let him rot in military prison.

Death penalty is an easy escape.

[Thothmes]

13. Thats what will happen if convicted of murder and not

sentenced to execution. The Courts Martial board or the presiding judge (if he requests one)can sentence him to reduction to the lowest enlisted rank, forfeiture of all pay and allowances, dishonorable discharge and life in Levenworth.

[24601]

15. Slight difference - officers and cadets cannot receive either a

Dishonorable or Bad Conduct Discharges. They are instead sentenced to Dismissal from the Service in addition to incarceration at hard labor and forfeiture of all pay and allowances.

The death penalty of course makes a discharge kinda moot.

[Thothmes]

31. Thanks for the clarification.

[dschis]

35. Nice to know someone knows the difference

I remember that the death penalty can be administered by hanging or firing squad, but I've been retired for quite a while and really didn't the real need to look over that part of the UCMJ.

[SkyDaddy7]

17. I agree!

Especially if it turns out he wanted to be a jihadist. Plus, like you said death is an easy way out.

[RantinRavin]

30. Commissioned officers

Commissioned officers cannot be reduced in rank by a court-martial, nor can they be given a bad conduct discharge or a dishonorable discharge. If an officer is convicted by a General Court-Martial, then that officer's sentence can include a "dismissal." This is considered to be the same as a dishonorable discharge. An officer convicted at court-martial, but not sentenced to a dismissal, can be dropped from the rolls, by the service Secretary. That is an administrative separation, not punitive. See Goldsmith v. Clinton, 48 M.J. 84 (C.A.A.F. 1998) <1>, reversed Clinton v. Goldsmith, 526 U.S. 529, 119 S. Ct. 1538, 143 L. Ed. 2d 720,(1999)<2>.

[proteus_lives]

7. Good. It's what he deserves.

Well, he deserves to be soaked in pork BBQ sauce and thrown into a pit with wild dogs. But this will do.

Has the US military executed anyone since WWII?

[boppers]

9. Did you read the OP before responding?

Apparently not.

[proteus_lives]

10. I'll be damned, I missed that.

1961. Now I know.

[Name removed]

12. Deleted message

Message removed by moderator. Click here to review the message board rules.

[excess_3]

18. has President Obama, publicly stated his position on the death penalty? nt

[TorchTheWitch]

19. what difference does his opinion make?

[excess_3]

20. he is the superior of the people who will announce the punishment ...

he (Obama) is the superior of the people who will announce the punishment of Hasan, if Hasan is convicted

President Peaceful also has to sign
the Death warrant, if it gets that far

[iandhr]

23. The appeals process

takes years. The article said there has been a man on a military death row for 20 years. It is likely we would have a new President if it gets to the stage of death warrant.

[Sen. Walter Sobchak]

28. The US military ignores the death penalty

Few who are convicted are sentenced to death, of those who are sentenced to death more than a third receive clemency. Of those who have exhausted their appeals none have been executed and only one has had their sentence confirmed. The hanging in 1961 came three years after Eisenhower confirmed the sentence - even then it moved slowly.

The US Military doesn't have to look tough on crime, they don't have to be re-elected or face attack ads, their motivation to move cases towards execution is almost non-existant.

[iandhr]

22. I think he is for the death penalty

but his position in this case (I think) will be to let the military prosecutors decided.

[mule_train]

21. a court-martial? WOW! this is getting serious

he's in real trouble

a dishonerable discharge will ruin his mediacal career

[Posteritatis]

32. Getting? I think this got serious when the man started shooting. (nt)

[foo_bar]

26. I hope the grief counselors are unarmed

(Re: "The U.S. Army is dispatching dozens of trauma and grief counselors and military chaplains to Fort Hood in Texas, where a gunman killed 13 people and wounded 30 in a shooting rampage on Thursday." http://www.timesofearth.com/Interview/?NT=1&nid=13413 )

I'm not religious but I'd go for a chaplain at this point, less risk of iatrogenic complications.

[mamaleah]

27. Oh noes, He might suffer consequences for his actions.

Again if he wanted out so badly, he could have refused his orders, been given a cm, and ended up being stripped of his rank and tossed out. Instead he tried to weasel out of that. Now, he is still going to get a cm, and be stripped of rank and pay and benefits, but he had to kill 13 to do it.

[Regret My New Name]

29. Seems like a given, aye?