XBradTC

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XBradTC

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Hasan receives death penalty

The military court in the murder trial of Nidal Hasan has sentenced him to death.  Given that the military has not executed anyone for about half a century, there’s no telling if or when he will actually face that ultimate sanction. First, his conviction and sentence will be reviewed by the court martial convening authority.…

The military court in the murder trial of Nidal Hasan has sentenced him to death.  Given that the military has not executed anyone for about half a century, there’s no telling if or when he will actually face that ultimate sanction.

First, his conviction and sentence will be reviewed by the court martial convening authority. I’m not sure which general actually convened the court, possibly the III Corps commander (anyone know?). That commander can let the conviction and sentence stand, or he can set it aside, reduce the sentence, or resubmit it for retrial.

After the commander’s review, the case will automatically be submitted for appeal to the Court of Appeals for the Army, then to the Court of Appeals for the Armed Forces. The next step after those two appeals courts is the Supreme Court, but that is not automatic. Whether Hasan will be permitted to act pro se before the appeals courts, I don’t know.

Finally, among the other sanctions the court has applied, Hasan has been stripped of his rank, and all pay and allowances are stopped. Finally.

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  1. LC Aggie Sith

    Thanks for the explanation. I get the feeling this execution will be a long time coming.

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  2. Bill

    I wonder if this will follow the script of Timothy McVeigh’s execution with Hasan refusing to participate in the appeals process.

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  3. thirdnews

    I understand Hasan will not be stripped of his rank but they may seek to secure repayment of his salary

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  4. thirdnews

    Hmm, he was initially charged and faced “the death penalty, a recommendation made after the military equivalent of a grand jury proceeding – an Article 32 hearing under the Uniform Code of Military Justice” and for his initial arraignment appeared “before Fort Hood Chief Circuit Judge Colonel Gregory Gross”
    http://www.csmonitor.com/USA/Military/2011/0720/Alleged-Fort-Hood-shooter-Maj.-Nidal-Hasan-faces-March-2012-trial
    Does this answer your query? Or, are you referring to the appeal?
    Fascinating in itself, as I’ve also read, both President Obama and whomever is the Commanding General, III Corps in Fort Hood, would have to approve the death penalty.

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  5. xbradtc

    Hmm, he was initially charged and faced “the death penalty, a recommendation made after the military equivalent of a grand jury proceeding – an Article 32 hearing under the Uniform Code of Military Justice” and for his initial arraignment appeared “before Fort Hood Chief Circuit Judge Colonel Gregory Gross”

    Not really. The Art32 hearing makes a recommendation to that general officer who has authority too convene a general court martial for a given soldier. That is, it takes a general officer to have a general court martial. Hence the name. Normally, that’s the first general officer commanding in the chain of command for the accused. And that’s normally the division commander. However, on an installation such as Ft. Hood, for certain offenses, a more senior general officer, such as the corps commander, may have decided to retain GCM authority. I don’t know.

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