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2007-12-05 Home Front: WoT

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Posted by Steve White 2007-12-05 00:00|| || Front Page|| [5 views ] Top

#1 Shouldn't that be manslaughter then? Or perhaps it is manslaughter and they're reporting it as murder because the reporter doesn't know any better. This is an AP story, after all.

Posted by gromky 2007-12-05 07:48|| 2007-12-05 07:48|| Front Page Top

#2 Assuming the "pretrial hearing" is an Article 32 hearing, then you're partially correct - the nature of the charges would be stated, (in this case "murder") and the article 32 hearing would determine whether murder charges should go to court martial.

One of the elements of murder under "wanton disregard" is "That the accused knew that death or great bodily harm was a probable consequence of the act;" such knowledge can be proved by circumstantial evidence...

Posted by SeaLawyer">SeaLawyer 2007-12-05 16:23|| 2007-12-05 16:23|| Front Page Top

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