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Death penalty rare, executions rarer in military
Townhall.com ^ | November 11, 2009 | Mark Sherman

Posted on 11/11/2009 4:35:07 PM PST by jazusamo

Though the suspect in the shooting rampage at Fort Hood could face the death penalty, he will be prosecuted in a military justice system where no one has been executed in nearly a half-century.

Maj. Nidal Hasan, the Army psychiatrist alleged to have killed 13 people at the massive Army installation in Texas last week, might also benefit from protections the military provides defendants that are greater than those offered in civilian federal courts.

"Our military justice system is not bloodthirsty. That's clear," said Eugene R. Fidell, who teaches military law at Yale.

Much about Hasan's case will be decided by a senior Army officer _ perhaps Lt. Gen. Robert Cone, Fort Hood's commander _ including whether to seek the death penalty and, in the event Hasan is convicted of capital murder, whether to commute a possible death sentence to life in prison.

Before a military execution can be carried out, the president must personally approve.

George W. Bush signed an execution order last year for a former Army cook who was convicted of multiple rapes and murders in the 1980s, but a federal judge has stayed that order to allow for a new round of appeals in federal court. There hasn't been a military execution since 1961, though five men sit on the military's death row at Fort Leavenworth, Kan.

Federal civilian executions also are rare. Three men, including Oklahoma City bomber Timothy McVeigh, have been killed by lethal injection in federal cases since 2001. Death penalties carried out by states are more common _ Tuesday night's execution of John Allen Muhammad in the Washington, D.C., sniper case was Virginia's second of the year.

(Excerpt) Read more at townhall.com ...


TOPICS: Crime/Corruption; Extended News; Foreign Affairs
KEYWORDS: courtmartial; deathpenalty; hasan; militarytrial
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Go for it and if convicted let him sit on death row at Ft. Leavenworth with the other five.
1 posted on 11/11/2009 4:35:09 PM PST by jazusamo
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To: jazusamo

Uniformed mass murderers on military bases are pretty rare, too.


2 posted on 11/11/2009 4:37:44 PM PST by skeeter
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To: jazusamo

Townhall is becoming more liberal every time I read one of their articles. Liberalism seeps into everything good and rots it.


3 posted on 11/11/2009 4:41:00 PM PST by Spirochete (Texas is an anagram for Taxes)
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To: jazusamo

I dont believe anyone as killed 13 fellow soldiers in the last 50 years either. This guy need to face a firing squad.


4 posted on 11/11/2009 4:43:25 PM PST by Venturer
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To: skeeter

Yep, this turkey deserves it and will get it. I’m sure they’ll find plenty of untainted officers to sit on the panel.


5 posted on 11/11/2009 4:43:27 PM PST by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

Maybe someone could just frag his hospital room that would end it real quick and no need for all the trouble of bring him to court.


6 posted on 11/11/2009 4:43:55 PM PST by guitarplayer1953 (Romak 7.62X54MM, AK47 7.62X39MM, LARGO 9X23MM, HAPINESS IS A WARM GUN BANG BANG YEA YEA)
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To: Spirochete

At the end of the article it states an AP writer contributed, not making excuses but that doesn’t surprise me.


7 posted on 11/11/2009 4:45:33 PM PST by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: jazusamo

I find it interesting that NO ONE even mentions the obvious.
.....
TREASON - This word imports a betraying, treachery, or breach of allegiance.

The Constitution of the United States,
Art.III,
defines treason against the United States to consist only in levying war against them, or in adhering to their enemies, giving them aid or comfort.
This offence is punished with death. By the same article of the Constitution, no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.


8 posted on 11/11/2009 4:46:53 PM PST by Marty62 (former Marty60)
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To: jazusamo
Death penalty rare, executions even rarer in military

Well I don't know. Seems to me that our military's pretty good at imposing the death penalty on our enemies. Which this Hasan guy surely is.

9 posted on 11/11/2009 4:54:26 PM PST by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: jazusamo

This war time. Murder was punishable by a firing squad, I hope it still is. Hell, Private Slovik got it for desertion.

http://en.wikipedia.org/wiki/Eddie_Slovik

Slovik was buried in Plot “E” of Oise-Aisne American Cemetery and Memorial in Fère-en-Tardenois, alongside 95 American soldiers executed for rape and/or murder.


10 posted on 11/11/2009 4:58:24 PM PST by RGSpincich
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To: jazusamo
he will be prosecuted in a military justice system where no one has been executed in nearly a half-century.

Time to break the streak. Since Ft. Hood is keeping score, it's a good opportunity for the Army to put a point on the board.

11 posted on 11/11/2009 5:12:40 PM PST by GBA
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To: jazusamo

“Before a military execution can be carried out, the president must personally approve. “

Yea, like zero is really going to do this. His opposition to this will put us in greater danger. I can see another holy jihad moment on the horizon as the radical muslims attack Americans here and abroad to negotiate his release.


12 posted on 11/11/2009 5:26:53 PM PST by fujimoh
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To: RGSpincich

Slovik was a punk and got what he deserved. Trying to slack and ride on the bodies of his fellow soldiers. He was a life-long criminal and I have no pity for him.


13 posted on 11/11/2009 6:24:12 PM PST by packrat35 (The problem with socialism is that you eventually run out of other peoples money.- M Thatcher)
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To: jazusamo

One definition of rare -
boiled lightly & cooked so that the inside is still red


14 posted on 11/11/2009 6:43:35 PM PST by savage woman
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To: skeeter

“Uniformed mass murderers on military bases are pretty rare, too.”

yeah really. What a silly article this seems to be.

I’m pretty sure that when this man is convicted he’ll get the DP.

Unless the powers that be just decide to give him a big gold star for “diversity”, put the officer who shot him in jail and call it a day.


15 posted on 11/11/2009 6:50:45 PM PST by jocon307
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To: jazusamo

The Obamamessiah WANTS him tried in a military court for this very reason. Most Ameicans seem oblivious to the fact that if tried in a civilian court in Texas, he would be executed.

The Imposter in the White House is a black racist. He views everything through eyes formed by his association with people like the “Reverend” Wright.

Consequently, he probably views Hasan as a “victim” of American white racism.


16 posted on 11/11/2009 9:06:23 PM PST by ZULU (God guts and guns made America great. Non nobis, non nobis Domine, sed nomini tuo da gloriam.)
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To: ZULU

“The Imposter in the White House is a black racist. He views everything through eyes formed by his association with people like the “Reverend” Wright.

Consequently, he probably views Hasan as a “victim” of American white racism.”

#####

Nailed.


17 posted on 11/11/2009 9:09:19 PM PST by EyeGuy
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To: jazusamo
Did the Army ever hang the muslim who went jihadi in Kuwait before the last Saddam Hussein kick ass went down? I believe the muslim was in the 101st, and fragged a bunch of Screaming Eagles.

I've said it before, and I'll say it again, we don't execute enough traitors.

5.56mm

18 posted on 11/11/2009 9:12:34 PM PST by M Kehoe
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To: EyeGuy
Consequently, he probably views Hasan as a “victim” of American white racism.”

Hasan looks kinda "white" to me. Since when is Palestinian a race?

19 posted on 11/11/2009 9:13:29 PM PST by jslade (People that are easily offended OFFEND ME!)
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To: M Kehoe

He’s one of the five sitting on death row at Leavenworth right now. The process is too slow and he may never be executed, just like Hasan if he’s convicted and is sentenced to death that sentence may never be carried out.


20 posted on 11/11/2009 9:26:22 PM PST by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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