Fort Hood Suspect: Death Penalty?

Suspect Could Face Death Penalty in Fort Hood Shooting

Link.

The Army psychiatrist suspected in Thursday's deadly Fort Hood rampage in Texas could get the death penalty if he is convicted of multiple counts of first-degree murder — and military law experts say the evidence against him will be substantial.

"Obviously, we're all guessing, but it's reasonable to believe that he will be convicted and sentenced to death," said retired Navy lawyer Philip Cave, now a military crimes defense attorney.

Cave estimated that Hasan, 39, would spend between five and 15 years in the military's court martial system. "It will be a long charge sheet," military law scholar Richard Rosen told KCBD.com, "one longer than I've ever seen in my life time in the Army."

Only 10 members of the American military have been put to death with approval from the president since 1951 under the Uniform Code of Military Justice — the armed services' legal system.

If I understand correctly, a Military death sentence can be commuted by the President and NO member may be executed without Presidential consent.


*US Military Death Penalty Facts

The U.S. Military does have a sentence of life without parole.
There have been no executions since April 13, 1961, when U.S. Army Private John A. Bennett was hanged. There are 9 men on the military death row.

In 1983, the Armed Forces Court of Appeals held in U.S. v. Matthews, that military capital sentencing procedures were unconstitutional for failing to require a finding of individualized aggravating circumstances. In 1984, the death penalty was reinstated when President Ronald Reagan signed an executive order adopting detailed rules for capital courts-martial.

*Prior to 1984 - Death by Hanging
*1984 to present - Death by Lethal Injection

Link
other Facts and Figures



What do you think?
If convicted, should Nidal Malik Hasan be sentenced to Life in prison, or Death Penalty and if the Death Penalty sentence is handed down, will the President confirm the sentence?





[edit on 8-11-2009 by LadySkadi]

reply to post by LadySkadi


I would just like to comment that I think all psychiatrists are nuts, or are unhealthily interested in mad people.

I have met a few, and they all meet these criteria.

i kind of hope he gets life in prison.

he would probably get put in one of those 9 by 5 foot cells and gets an hour of exercise a day.
40 years of existing while not existing at all should be sufficient punishment. (Well...as far as what can legally be done)
death is too quick and easy.

I am MOST certainly NOT justifying what this man has done, but 2 wrongs dont make a right.
We need to stop and look at the cause of all of this! Not just look at his religion which seems to be the issue that is addressed on the media here in Australia!


My first thought, especially after hearing his line of work, was that he had enough. He has had enough of the soldiers coming back (sorry I really think this calls for this type of thing) ALL F#$%*D UP, that he went barmy!!!

I am of the following origins:

Torres Islander,
Irish,
Hungarian,
and,
Aussie


The reason I point this out is to say that I am not racist, I don't care what religion you are, so long as your a good person (I do comment on various religions, but I am somewhat negative though when it comes to the catholic belief as I was brought up to be one, and found it quite foul that they are so hypocritical, although now I know its across many religions), and I am also very boisterous in human right and gun laws (these make me very cranky, and quite often I get into trouble because of my extreme opinion regarding this issue) although I do try hard to look at others POV, it does get difficult and I can get quite passionate, but I try hard to see both sides, where I can anyways!


So with this in mind, so what if he had Muslim views. There are many more EXTREME views out there when it comes to religions, and I honestly don't think that this is the case in this scenario.

[edit on 8-11-2009 by The_Seeker]

[edit on 8-11-2009 by The_Seeker]

he should get the death penalty... there are way to many people in jail. for murder, rape, slavery, child prostitution(not the kids, duh) and a few more thing im sure, death should come right after the ruling, jail shouldnt be an option. im fine with some torture as well for a few things.

According to Wiki~

Currently, under the Uniform Code of Military Justice, 14 offenses are punishable by death. Under the following sections of the UCMJ, the death penalty can be imposed at any time:

* 94 - Mutiny or sedition
* 99 - Misbehavior before the enemy
* 100 - Subordinate compelling surrender
* 101 - Improper use of countersign
* 102 - Forcing a safeguard
* 104 - Aiding the enemy
* 106a - Espionage
* 110 - Improper hazarding of vessel
* 118 - Murder
* 120 - Rape and carnal knowledge

Four provisions of the UCMJ carry a death sentence only if the crime is committed during times of war:

* 85 - Desertion
* 90 - Assaulting or willfully disobeying superior commissioned officer
* 106 - Spies
* 113 - Misbehavior of a sentinel or lookout


[edit on 8-11-2009 by LadySkadi]

I'm opposed to the death penalty in general, but I think in this case it really should not be applied. The reason for this is that Islam-based acts of violence such as this are fueled by a belief that the perpetrator will go straight to Paradise if he is killed during the violence, or as a result of it. If he becomes a "martyr", he gets a free pass.

Prison for this guy wouldn't be too pleasant. According to reports, he's paralyzed. They don't say where, but paralysis would make prison even more difficult than it already is. lifetime to consider his actions would, in my opinion, be an excellent punishment, as well as perhaps some deterrent to other extremists who might hope to be martyred.

reply to post by chiron613
I hadn't heard this (about him being paralyzed)... though I did read he is stable. Seems he will survive to stand trial...

I also just read that there is speculation that the FBI may charge him with Treason, but that will be after the Military trials... Charges continue to accrue.

reply to post by LadySkadi



I say as soon as they rehabilitate his body they should kill it,,, immediately!

It doesn't make sense to kill him, he could have killed himself then and there but he didn't. So I think jail is more appropriate because he probably doesn't care one way or the other.

reply to post by LadySkadi


I really don't care a crap about this guy. Kill him? Okay. Sentence him to life in prison? Okay by me. Just never let him ever again suck in a breath of air as a free man.

If he is indeed now paralyzed i doubt he will be executed.He may be sentenced to death but would a president sign the death warrant on a paralyzed,psychotic arabic muslim?Never happen.

I mainly lean to the left but I bet the liberal government will be afraid of giving him the death penalty. Imagine, America killing a Muslim, we cant have that!

*Update*

Suspect Conscious, Talking

"The Fort Hood office of the U.S. Army Criminal Investigation Command is seeking any military or civilian personnel who may have left the scene ... with gunshot damage such as damaged privately owned vehicles, personnel clothing, etc.," investigators said in a written statement. "CID is also seeking any military or civilian personnel who may have inadvertently left the scene of this incident with material that could be used as firearms residue related evidence such as shell casings inside the boot, etc."

The statement said such objects would help Army investigators and the FBI "in their bullet trajectory analysis of the scene, to insure the comprehensiveness of the ongoing investigation."

Still a long ways to go in the investigation, it sounds like.
I wonder when charges will be made?

[edit on 9-11-2009 by LadySkadi]

Seems the UCMJ is fairly precise about this. Two choices exist: Life w/o, or death... I'm inclined towards death myself, but I can see the justice of letting him linger in a small cell for the rest of his days. His attempt, however deluded, to become a martyr a colossal failure.

Martyr or constant rallying point.

Tough choice.

Not a civilian issue.

two wrongs don't make a right. there's better ways to honor his victims than with his blood.

I think the most appropriate punishment for this traitorous bastard is to ship him off to war. Not as part of a unit mind, he obviously cannot be trusted. He should be put in a US uniform and dropped into a hot combat zone. Whatever happens to him, happens to him. If he makes it back to our forces, then they get to kill him as an enemy impersonating an officer!

Why should he get to live? Why the hell should I pay to keep him alive? Some of the replies here are foolish! Like he will actually contemplate what he has done. His fate should serve as a warning, so I purpose we hang him w/pig gut and bury him with a pig. Oh the uproar So what? Since when have our sensibilities been acknowledged by our enemies? He betrayed his oath of service, his country and he deserves to live?

To answer how I really "feel" about this issue, I have to try and put myself in the mindset of the survivors of the murdered victims. I imagine if one of the killed were my father, or brother, or other. I think I would want swift and absolute vengence -- good, old-fashioned Biblical justice -- an eye for an eye.

However, I have to stress, that particularly in this 'survivor of a victim' mindset, I'd want him to be tried and IF he was found guilty then a quick sentence -- death penalty. There seems to be a bit (or more) that we don't know about this event; I can't think of anything that should legally absolve him of the crimes or earn a lighter sentence, unless there is proof, somehow that he is not guilty.

My own feelings outside of this hypothetical mindset are that it is a military matter and should be handled within the code, and no variance given for any extenuating circumstances -- religion, etc.