If Major Hasan raises an insanity defense for his acts at Fort Hood, how might the defense actually work if at all. Presumably he will present a combination of witnesses and documents. The media is reporting that prior to reporting to Fort Hood Major Hasan had “problems” so there will…
In Part I, I briefly outlined the formal examination process prior to presenting an insanity/lack of mental responsibility defense. Now here is some information on the “law” or legal standard for an insanity defense. This is the defense that Major Hasan and his lawyers are going to have to consider…
The military (insanity) lack of mental responsibility defense is set out in several places relevant to Major Hasan and the events at Fort Hood. The first step that should be taken by a prudent convening authority in this case is to order a mental examination under R.C.M. 706, as soon…
CNN Justice reports: Toobin: Cabinet members may end up negotiating which legal system will try Army Maj. Nidal Malik Hasan, the suspect in last week’s mass shooting at Fort Hood in Texas, CNN senior legal analyst Jeffrey Toobin said Tuesday. CNN: Would the charges be the same in either case?…
Military.com reports: A Marine reservist accused of attacking a Greek Orthodox priest with a tire iron after apparently calling him a terrorist was actually defending himself after being sexually attacked by the cleric, his defense attorney said Tuesday. Tampa Police report offered a far different account, saying Marakis was lost…
CNN reports: California man is facing a criminal charge for wearing numerous Navy medals despite the fact he never served in the military, federal prosecutors said Wednesday. A witness “saw Burton wearing a Marine Corps uniform displaying the rank of lieutenant colonel, along with the Navy Cross, the Purple Heart…
The azstarnet reports: A Davis-Monthan airman was acquitted Tuesday in the slaying of another airman in 2007 during a south-side house party, an official said. A court martial panel found Senior Airman Philip Andre Howard not guilty of the June 2007 death of Airman 1st Class Brian Santos, said Capt.…
The LifeSiteNews.com is reporting: While Hasan recovers at the Brooke Army Medical Center in San Antonio, the Army is readying itself to charge Hasan in military court, where he could face the death-penalty. But prosecutors will have to charge Hasan under the Uniform Code of Military Justice (UCMJ), which was…
Gawker, an unusual blog has information about Major Hasan’s application for a concealed carry permit in VA. Fort Hood, like all military installations, will have a regulation concerning the possession and carrying of weapons on post. Usually the weapon has to be stored in the Armory. Here is the complete…
Will Major Hasan successfully use PTSD as a defense, or will it at least become a mitigating factor to be considered. If the trial is at Fort Hood, as seems likely at the moment, many of the Members (jury) panel will already have quite a bit of extra-judicial information. Here…