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HeyBub[_3_]

wrote:
On Sun, 08 Nov 2009 07:13:38 -0800, Larry Jaques
wrote:

I think it's sad that he survived. Now it will cost millions of
dollars to try him and every one of the victims' families will be
left with feelings of disgust, moreso than if he'd been killed, no
matter what the outcome of the trial. And the perp'll be forced to
house the guilt for the rest of his life, too. Sitrep: Lose/Lose.

Does the armed forces have a death penalty on conviction available?

Yes

Does the fact that the US is in Iraq mean that this is war time under
war rules?

Not applicable. There are a few violations that latch in during wartime
(desertion in the face of the enemy, etc.) but none that apply to Hasan.

Good chance he'll end up being dead anyway. Certainly if
he's imprisoned instead of executed, he'll have to be segregated. I'm
sure other convicts would be lining up to break his neck and not give
it a second thought.

He will be executed. A 2006 study found that of 21,000 courts martial, only
six defendants successfully used the insanity defense. UCMJ provides for
deciding insanity before trial. Specifically a 706 Panel will be asked to
answer four questions:

(1) At the time of the alleged crime, did the accused have a severe mental
disease or defect? (2)What is the psychiatric diagnosis? (3) At the time of
the alleged crime was the accused unable to appreciate the nature and
quality of his or her conduct due to this severe mental illness? (4) Does
the accused presently have a mental disease or defect that renders him or
her incapable of understanding the nature of the proceedings or to cooperate
intelligently in the defense?

Hasan gave away his **** before the attack, clearly demonstrating
premeditation. He yelled "Allah Akbar" clearly showing motive. He bought his
pistol a month in advance, demonstrating advance planning.

While a jury in San Francisco may look sympathetically on an insanity
defense, Hasan's jurors will be serving officers who **** Naplam and eat
rocks. They will NOT be inclined to entertain a pansy defense or a plea of
insanity as mitigation of the sentence.