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2010-10-08 Home Front: WoT

Accused Fort Hood shooter refuses psychiatric evaluation

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Posted by tipper 2010-10-08 08:46|| || Front Page|| [4 views ] Top

#1 Why don't we put this murderer in front of a firing squad. He dosen't have to participate in that either, he just has to be there.

Posted by armyguy 2010-10-08 09:12|| 2010-10-08 09:12|| Front Page Top

#2 Actually, refusing pychiatric eval was smart on his part. The question now lingers, at least in the minds of some.

Posted by Besoeker 2010-10-08 09:16|| 2010-10-08 09:16|| Front Page Top

#3 Remember that this is a military court martial, not some civilian court where lawyer razzle dazzle prevails. Lawyers that try that before a military court get their tail feathers burned.

A court martial is the *last* place I would want to get tried if guilty, and the *first* place I would want to get tried if innocent. When you cut out much of the bulldada, the law actually works.

Posted by Anonymoose 2010-10-08 09:59|| 2010-10-08 09:59|| Front Page Top

#4 Hassan ain't crazy, he's just a little Islamic.

Posted by SteveS 2010-10-08 11:20|| 2010-10-08 11:20|| Front Page Top

#5 Hassan is not insane. It should be noted that a military psychological evaluation is very lengthy, but typically asks very straightforward questions like what is your name, what is today's date, what was elementary school like, do you remember your second grade teachers name, etc? These types of analyses are ones Hassan would pass with flying colors. It is just a case where he may be Muslim but conversely still lucid enough to know what his premeditated murders were.

Posted by PrivateEye 2010-10-08 12:13|| 2010-10-08 12:13|| Front Page Top

#6 Where is the burden of proof if someone takes the insanity defense? I say it should be with the defense, to be verified by the prosecution.

Posted by gorb 2010-10-08 12:33|| 2010-10-08 12:33|| Front Page Top

#7 The Rules for Court Martial state that lack of mental responsibility is an affirmative defense when the accused was *unable* to appreciate the nature and quality or the wrongfulness of his acts. So burden of proof is on the defense.

The accused is presumed to be mentally responsible unless and until the defense can show otherwise by clear and convincing evidence. That is a higher standard (~75%) than preponderance of the evidence (~51%+) applied in civil trials, but lower than beyond a reasonable doubt (~98%) applied in criminal trials.

The inquiry must address the following:
(A) At the time of the alleged criminal conduct, did the accused have a severe mental disease or defect? (The term severe mental disease or defect does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, or minor disorders such as nonpsychotic behavior disorders and personality defects.)

(B) What is the clinical psychiatric diagnosis?

(C) Was the accused, at the time of the alleged criminal conduct and as a result of such severe mental disease or defect, unable to appreciate the nature and quality or wrongfulness of his or her conduct?

(D) Is the accused presently suffering from a mental disease or defect rendering the accused unable to understand the nature of the proceedings against the accused or to conduct or cooperate intelligently in the defense?

So, it comes down whether being an armed Islamofascist is a mental disease or defect. If yes, the guy walks. If no, then what the hell is? This could be a deeply existential question, if it wasn't the Chewbacca defense.

Posted by RandomJD 2010-10-08 13:41|| 2010-10-08 13:41|| Front Page Top

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