Death Penalty Extremely Rare in Military

Hasan could become first to be executed by military since 1961

By the Associated Press

Posted Nov 12, 2009 5:49 AM CST

(AP) – Nidal Hasan could face the death penalty for the Fort Hood shootings, but he will be prosecuted in a military justice system where no one has been executed in nearly 50 years. He may 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," a Yale law professor tells AP.

Much about Hasan's case will be decided by a senior Army officer, including whether to seek the death penalty. His jury will consist of at least 12 officers of higher rank than Hasan. Before a military execution can be carried out, the president must personally approve it. No president since Dwight Eisenhower had done so before 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—an order that was stayed to allow for a new round of appeals.

[Images (3)]

[Quotes (1)]

President Obama walks through grave markers in during an unannounced visit to Section 60 at Arlington National Cemetery in Arlington, Va., yesterday. (Pablo Martinez Monsivais)

This 2007 picture provided by the Uniformed Services University of the Health Sciences shows Nidal Malik Hasan when he entered the program for his Disaster and Military Psychiatry Fellowship. ((AP Photo/Uniformed Services University of the Health Sciences))

A flag flies at half-staff at Fort Hood, Texas, during a memorial service for the victims of the Fort Hood shootings on Tuesday Nov. 10, 2009. (Jay Janner)

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What's taught to prosecutors in military death cases is be overly generous. You'll win on the facts. You don't need to play games. In fact, how you'll lose is to play games. - Charles Swift,
a former Navy defense lawyer

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COMMENTS

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Showing 3 of 6 comments

DieselDawg

Nov 18, 2009 6:57 AM CST

well, he certainly is an appropriate candidate for the death penalty-but it won't happen if the prez has to sign off on it.

RockyPneumonia

Nov 12, 2009 12:16 PM CST

OK, now the usual suspects can make themselves feel like Real Men by preaching bigotry. Maybe some day they'll realize that deliberately posting offensive comments in order to make themselves feel significant merely demonstrates their LACK of significance...but it won't be today.

Mad

Nov 12, 2009 8:32 AM CST

"No president since Dwight Eisenhower had done so before George W. Bush" --- Yet another nail in the lie Bush spewed about being the 'culture of life president'.

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Crime & Courts • Politics

death penalty • execution • US military • US Army • Fort Hood • Fort Hood shooting • Nidal Malik Hasan

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Death Penalty Extremely Rare in Military