Judge won't let Fort Hood suspect plead guilty

[TexasTowelie]

Source: AP

FORT HOOD, Texas (AP) — A military judge says an Army psychiatrist cannot plead guilty to any charges in the 2009 Fort Hood shooting rampage.

Maj. Nidal Hasan wanted to plead guilty to 13 counts of premeditated murder. But Army rules prohibit a judge from accepting a guilty plea to charges carrying the death penalty.

Hasan's attorneys still had asked the judge, Col. Tara Osborn, to let Hasan plead guilty to lesser charges of unpremeditated murder. He still would have gone to trial in May and faced a possible death sentence if the judge had allowed the plea.

But Osborn said Wednesday that Hasan will not be allowed to plead guilty even to the lesser charges.

Read more: http://www.bigstory.ap.org/article/judge-wont-let-fort-hood-suspect-plead-guilty

[dixiegrrrrl]

1. But if he IS found guilty, then they can kill him?

Sounds...weird.

[Paulie]

2. Can't have "the wrong person" plead guilty and die

Have to have a trial. Keeps someone from forcing someone else to take the blame directly. At least that's how I read it as a compute guy.

[pscot]

4. Guilt is not the issue

They need the trial. These things have become rituals. It's a public spectacle.

[Trunk Monkey]

10. It's the Army it doesn't have to make sense NT

[Yo_Mama]

12. Checks and balances

If persons could plead guilty to offenses carrying the DP, then theoretically a person could be abused/threatened into it and the evidence buried with him. Forcing a trial on a not-guilty plea may be weird, but it does force the state to actually make a case before someone faces such a dire penalty.

Consider, for example, what could happen to a Manning-type case. A defendant put in solitary/deprived of contact, maybe charges threatened against friends....

Practically speaking, this measure is a good measure against prisoner and prosecutorial abuse.

[dixiegrrrrl]

13. Good point.....

Poor Manning....

[Hippo_Tron]

3. A great example of how the death penalty is a waste of money

We're going to spend an asinine amount of money to put this guy on trial for a crime he's willing to plead guilty to, just so we can kill him.

[TexasTowelie]

5. They've already spent an asinine amount of money

deciding whether Hasan has to shave his beard for the trial.

[geek tragedy]

11. How much would it cost to house him for the rest of his life, as

well as dealing with nuisance lawsuits about his beard, etc?

[reACTIONary]

6. I'm not sure about a military trial...

...but in civil jurisdictions, a not guilty plea is sometimes required in capital cases to ensure that guilt is established beyond a reasonable doubt and with a moral certitude before the ultimate punishment is carried out.

[Melon_Lord]

7. Emotionally, I understand the need to go through the dog and pony show...

Intellectually, he just needs to be taken out back, shot and buried in an unmarked grave.

There is no doubt as to guilt. 0.000000% chance that he did not do this.

Wasteful...

[ProgressiveProfessor]

8. IIRC its black letter in the UCMJ

The judge has no discretion on the matter

[era veteran]

9. UCMJ, sucks btw

845. ART. 45. PLEAS OF THE ACCUSED

(a) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as though he had pleaded not guilty.

(b) A plea of guilty by the accused may not be received to any charge or specification alleging an offense for which the death penalty may be adjudged. With respect to any other charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge or by a court-martial without a military judge, a finding of guilty of the charge or specification may, if permitted by regulations of the Secretary concurrence, be entered immediately whither vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.

846. ART. 46. OPPORTUNITY TO OBTAIN WITNESSES AND OTHER EVIDENCE

The trial counsel, the defense counsel, and the court-martial shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. Process issued in court- martial cases to compel witnesses to appear and testify and to compel the production of other evidence shall be similar to that which courts of the Unites States having criminal jurisdiction may lawfully issue and shall run to any part of the United States, or the Territories, Commonwealths, and possessions.