Word: hasan
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Justice is likely to be speedy. The UCMJ has no provision for bail and the prosecution is required to bring its case to trial in 120 days. Hasan has probably already been notified of his rights under Article 12 of the UCMJ, which is similar to the Miranda warning given to civilians. Article 12, however, preceded Miranda by 11 years and is more restrictive. (See pictures of Hasan's life...
...communication, even a chance or informal conversation, bedside or on the street, according to Scott L. Silliman, a retired military lawyer and head of the Duke University Law School Center on Ethics and National Security. (See a story about the FBI and claims that it ignored intel on Hasan...
...Hasan's attorney, James P. Galligan, a retired Fort Hood military judge, has said he has instructed his client not to talk to investigators. Meanwhile, Silliman says, investigators are likely assembling evidence from a multitude of other sources to draw up a list of charges, which could include anything from capital murder to taking a gun to the base. Hasan also may face a noncapital charge of murdering an unborn child because one of the victims, Francheska Velez, was three months pregnant. Both sides will probably want to have Hasan undergo psychiatric evaluation, with the defense perhaps having...
While the debate swirls about Hasan's motives, connections and communications, opting for a military trial avoids the legal mire of treason or terrorism charges. Military prosecutors will have a Dragnet view of the case - "just the facts" as Jack Webb, star of the television cop classic was fond of saying. Why he did it is not essential, Silliman says, although the defense may seek to cloud the picture with digressions into motivation. Prosecutors will focus on what the accused intended to do and how he allegedly did it: when he bought the gun, what he said to neighbors...
...hearing, the prosecution will lay out its prima facie case before a military judge, and the defense will have an opportunity to put in evidence and cross-examine witnesses. Out of that hearing, specific charges will be issued and recommended to an officer with the rank of general in Hasan's direct chain of command. That commanding general will decide on what charges will be made and where the trial will take place. All charges must be brought at once, Silliman says, unlike in the civilian system where prosecutors can pick and choose...