Military to Seek Death Penalty for Fort Hood Massacre

[babylonsister]

http://washingtonindependent.com/67747/military-to-seek-death-penalty-for-fort-hood-massacre

Military to Seek Death Penalty for Fort Hood Massacre
By Daphne Eviatar 11/13/09 8:59 AM


Even though the military justice system hasn’t actually executed anyone in over 50 years, military prosecutors have decided to seek the death penalty in the case of alleged Fort Hood shooter Maj. Nidal Malik Hasan, The Wall Street Journal reports this morning. Hasan was charged with 13 counts of premeditated murder on Thursday. That’s not surprising, given the magnitude of the crime. But it will likely mean a long and arduous legal battle before the ultimate punishment is actually decided.

The challenges of capital punishment in the military system include the lack of “death-qualified” defense attorneys, and the right to a series of appeals in military and civilian courts. The president also has to personally sign off on the ultimate execution.

[LynneSin]

1. This should be interesting because I still believe this was not a Muslim terrorist attack

but a soldier who was dealing with severe stress from serving during wartime.

Edit Note: Before I get slammed, I'm not saying this guy is innocent. I just feel that we're packaging this as a Muslim Terrorist attack because it sells better in the media than extreme stress from being sent back to serve in the war yet again. So many of our soldiers out there are dealing with PTSD but we're not doing anything to treat it (or ending this war quick enough and yes, I know Obama said 18months).

[BoneDaddy]

2. Too bad

you do not kill 13 people in a premeditative fashion without consequences.

[atreides1]

5. They have to prove that first!

He's only been charged with premeditation, it hasn't been proven yet!

[Statistical]

9. Um he brought loaded weapons in his car onto the post w/o authorization.

He went into a building with 2 loaded weapons I don't think premeditation will be hard to prove.

The defense likely will go diminished capacity and that will be harder to overcome but proving premeditation is pretty simple.

It isn't like a military post is a valid CCW zone and he was just walking along with his conceal carry pistol like he did every day for last 5 years and snapped. In an instance like that premeditation would be hard to prove but that isn't this case.

Pre-mediation angle is open and shut. He had no legitimate legal reason to bring weapons with him. Furthermore the FBI seized computer and other documents. It may be possible there is evidence their that further shows pre-meditation.

[BoneDaddy]

11. Absolutely

correct.

[BoneDaddy]

10. What part hasn't been proven yet?

the one where he killed people or that it was premeditated?

[Deep13]

15. Well, the jury will have to start from a presumption of innocence.

Still, he picked the spot and time most likely to cause as much damage as possible and brought a non-issue pistol with several loaded magazines to that place. It's hard to imagine how this would not be premeditated.

[derby378]

3. Terrorism? Of course not

The only ones claiming that are Bill O'Reilly and the other freaks at Faux News.

Horrible, horrible crime, yes, but not terrorism.

[babylonsister]

4. I don't think it was a Muslim terrorist attack either. The guy snapped

and killed a bunch of people. He deserves his day in court, and to suffer the consequences of his actions.

[LynneSin]

6. Oh I agree 100% - the man should have his day in court. He did commit a crime

I just want the correct charges brought against him,that's all.

[BoneDaddy]

7. Yep

but I do think his targets were chosen through the lens of his Islamic views. I don't think that he was tied to any terrorist organization.

But to quote Spearhead "any bombing is terrorism". In a larger sense this was.

[LynneSin]

12. Oh it was an act of Terror, I just don't like how it's being marketed in the news

that's all

[BoneDaddy]

17. I agree

)

[TorchTheWitch]

24. It was an act of terror but not terrorism???

What is terrorism if not an act of terror?

Geez. :crazy:

[LynneSin]

25. They are trying to sell this as the guy was a Muslim Terrorist commiting Jihad

For many of us we think the guy was just stressed out to the point of no return and definately not treated for PTSD

[cali]

22. It's mass murder. And all indications are that Hasan was a highly disturbed individual

beyond his having served (at home) during war time. The gov't is NOT packaging this as a Muslim terrorist attack. The media is a different story.

That said, I'm against the dp in every case.

[razorman]

26. He had never been to a war zone. So PTSD is not a factor.

[Coventina]

8. If it was terrorism, making him a martyr is a mistake, if it wasn't

terrorism, but a mental disorder or disease, the DP is unjust.

If he just decided to murder a bunch of people that day (being of sound mind & body & all that), well, I'm still against the DP, but I won't be particularly wound up about it.

I don't think the prosecution should be deciding appropriate punishment before the investigation is complete.

[Deep13]

16. I agree generally...

...but the capital offense has to be part of the indictment. The govt. is free to back down from that later, but they have to start from that position if they want the DP even to be an option.

[FarCenter]

13. There seems to be no question about the identity of the murderer

So the chance of executing some innocent on the basis of mistaken identity is non-existent.

[Statistical]

14. "The president also has to personally sign off on the ultimate execution."

That isn't likely a situation Obama wants to be in.

Surprised they didn't just try it in federal court instead. Both federal court and military have join jurisdiction.
"Many" (relatively speaking) people have been executed in federal court in last 20 years. It is far more routine and non-political.

If he gets convicted and death penalty imposed and Obama has to sign off on it someone just handed Obama a live grenade.

[tekisui]

18. Yeah, it's a no win.

[Deep13]

19. He would have to sign the death warrant in either case...

...military or civilian. The chief executive of the sovereignty must authorize any capital execution.

[Statistical]

21. Hmm. So Bush had to sign death warrant fo McVeigh?

Well if that is the case it doesn't really matter.

Obama will piss off some anit-DP supporters in his own party but he will sign it IMHO. It would be political suicide not to.

[TheKentuckian]

20. Almost certainly this isn't organized terror and I'm not seeing terror at all

It seems more like "going postal" to me. Regardless of motivation he doesn't seem to have been trying to make any statement or demands nor does the way he went about this seem designed to create shock and awe. Maybe more will come out but he seems to be a loner so at most this is more like a McVeigh deal not a 9/11/roadside bombing.

That said, I've got no case against military discipline in this scenario. I'm anti-death penalty but this one, there is no help for this case. Officers who shoot up bases and live are screwed and thats that.

[LynneSin]

23. Oh it's an act of terror, just not buying this "Muslim Terrorist" package we're being sold

It should be a good trial