Patterico's Pontifications

4/28/2010

Hasan Likely to Face Death Penalty

Filed under: Crime,War — DRJ @ 6:09 pm



[Guest post by DRJ]

Army Major Nidal Hasan — charged in the murder of 13 people at Fort Hood — will likely face the death penalty:

“Maj. Nadal Hasan is charged with 13 counts of premeditated murder and 32 counts of attempted premeditated murder in the Nov. 5 shooting. Premeditated murder carries the death penalty. But if military jurors convict Hasan, they can only sentence him to death if they determine there is an aggravating factor in the case, according to military law.

Defense attorney John Galligan said the notice he received from prosecutors outlines as an aggravating factor that more than one person was killed in the same incident.
***
Rich Stevens, an attorney who defends military cases and is not involved in the Hasan case, said crimes that are ineligible for the death penalty do not require jurors to consider aggravating factors.

“The only reason to send a notice of aggravating factors is if you’re trying to seek the death penalty,” Stevens said.”

DeathPenaltyInfo lists 7 men on death row convicted under military law, but 2 were resentenced to life in prison. ABC News has more details on the 5 servicemen currently on death row. As discussed in this article, both the imposition of the death penalty and executions are rare in military court.

— DRJ

23 Responses to “Hasan Likely to Face Death Penalty”

  1. IIRC, the President has to sign off on a military death sentence, doesn’t he?

    Think Obama would do it?

    Steven Den Beste (99cfa1)

  2. If anyone ever deserved to die for his crime, it’s Nidal Hasan, but it won’t happen. Barack Obama and Eric Holder will twist justice into a shield to protect the Islamic terrorist. You can count on it.

    ropelight (a47510)

  3. Well, this could be dragged out, and dragged out, to the point that the folder doesn’t reach the Oval Office until 21 Jan 2013.

    AD - RtR/OS! (ecaeda)

  4. SDB, hopefully Barry won’t be Prez by then…

    gazzer (7588eb)

  5. Let’s not jump to any conclusions. Sure, dozens of people “saw” Hasan discharge his firearm and allegedly “murder” people…but does that really mean he killed anyone? We should postpone the trial until at least after the overseas contingency operations are over.

    Unlike those misguided Arizonians. Justice department needs to jump right now on that. Clearly what they have done is illegal!

    BO (9284aa)

  6. The Army has been so pussified in the upper ranks that they can’t even mention MUslim. Fortunately, the ranks have been able to function with clueless brass for centuries.

    Mike K (2cf494)

  7. SDB — Yes, and no. In this case, however, the mitigating circumstances might be played up to the point that even if the panel is unanimous in that they don’t outweigh the aggravating circumstances, the final secret “death vote” might not be unanimous. Or the President could decline — with or without giving a reason — the death penalty.

    htom (412a17)

  8. Oh, for the days of the firing squad!

    Icy Texan (d7204c)

  9. “…both the imposition of the death penalty and executions are rare in military court,” is hopefully, not going to happen in this case. I rarely support the death penalty, preferring the guilty to spend a lifetime making pebbles out of big huge rocks and no “amenities.” In this case however, a noose or firing squad would be entirely appropriate.

    And because I wrote that, I’ll need to have a private conversation with God tonight!

    GM Roper (6afe02)

  10. Generally speaking, military courts are not good at retribution. Their purpose is military discipline. This is an exceptional case. Let’s see.

    nk (db4a41)

  11. Death by hanging, with a shoe duct-taped to his head, bacon wrapped around his neck and his body smeared with dog feces.

    PatAZ (9d1bb3)

  12. The firing squad is a punishment for an honorable offender. Hasan does not deserve a firing squad. The noose would be the proper punishment and could we resurect the Army non-com who adjusted the noose for one Nazi after Nuremburg and let him strangle slowly. (Sorry can’t offhand remember which POS was the target in that case.)

    Have Blue (854a6e)

  13. duct tape a claymore to his belly connected to an electrical firing circuit, and put a clamp in his hand that he has to hold open or the circuit completes and he’s off to his 72 goats.

    for safety’s sake, and that of the Americans rigging the charges, there can either be a time delay in the charge or a dissolving block on clamp.

    either that or put him on the location of the government’s choice and i’ll provide the weapon, ammo, my travel and housing free of charge to pull the trigger.

    i will not be alone in the offer.

    redc1c4 (fb8750)

  14. He should be thrown into a cess-pool at Farmer John’s.

    AD - RtR/OS! (ecaeda)

  15. Free Mumia and Nidal !

    SiliconDoc (7ba52b)

  16. I think what’s good enough for Timothy McVeigh is fine for the coddled islamic freak that our military kissed the rear end of until it was too late.
    I want to see this one executed faster then they juiced McVeigh. I consider the chances of that happening zero percent.
    It would be a miracle. Miracles don’t happen in secular libtard uptopian pravda love societies.
    What will happen is endless news stories with countless muslim terrorist lawyers embraced by the BAR, that spend millions of taxpayers dollars demanding a white gloved Koran be handed to the muslim minuteman 5 times a day, with all obstructions toward Mecca cleared from the area, and the accessible footbath water temperature kept at a soothing 78 degrees F with clean cotton towels provided, every day of the next 20 years.
    Obama will have to stop himself from reflexive bowing when he receives the phone call from Nidal and offers the USA’s apology and condolences for his unfortunate situation and thanks him for his years of upright service.
    Then after clearing the tears and ruminating over the ethnic struggle, Obama will direct Holder to make certain mercy is shown.
    Yes, that’s what is happening, nothing else.

    SiliconDoc (7ba52b)

  17. Send Hasan to Utah. They know how to do firing squads, and Hasan can then be taken to a place no Muslim can find him to be buried butt up so that Allah can’t look upon him.

    PCD (1d8b6d)

  18. #7, the Manual for Courts-Martial requires a unanimous vote before a death penalty can be imposed, and it is not “secret.” Thereafter, the proceedings automatically go into the military court appeals process, and can even go to the Supreme Court. Said process lasts for years. It’s highly unlikely that the papers will reach President Obama, even if he gets a second administration. Hasan is more likely to die of complications from his paralysis, before the entire appeals process is exhausted and an execution order lands on a president’s desk.

    MAJ Arkay (5db195)

  19. There is suspicion that McVeigh got on the fast track because the feds wanted to keep him from talking. That, or because he refused appeals. I favor the latter, but there is always the possibility that the feds breathed a sigh of relief when he was executed.
    Considering all the crap that Hasan may cop to–that went unremarked by his peers and superiors–the same dynamic might be at play here.
    No way to speed up the process, but some guys will sleep better when he’s gone, and not because of a sense of justice finally served.

    Richard Aubrey (a9ba34)

  20. i was at ft hood that day and I think you should release him to the family members and the ones 32 that survived stone him to death and make an example for the future radicalist raghead that decides he wants to kill soldiers and civilian’s!

    i was at ft hood that day (3921e8)

  21. MAJ Arkay, I don’t mind that executions take longer than life sentences. Now, the California style ‘longer’ isn’t what I have in mind, but I think in this case, an execution sends the right message.

    this man was a soldier, or at least portrayed one before betraying his uniformed brothers. He should be executed for his crimes, even if it’s a tremendous hassle and takes a long time. Even if, after the sentence, he’s on appeal when he dies, I think even that sends a valid message.

    Dustin (b54cdc)

  22. Oh, and lethal injection is just fine for me. I don’t care to torture him to death, although it seems fate does care to torture him to death.

    Dustin (b54cdc)

  23. Does your hatred know no bounds? First, you don’t want the peace loving people to build a community center with an area dedicated to prayer in New York City, not even at the site of 9/11, and now you want to slaughter someone from the US military because they are Muslim?

    JD (3dc31c)


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