Why is the DOJ not charging Hasan with the Murder of an unborn?

Sometimes they hold charges back just in case the first ones don't stick.

Maybe that is what they are doing here?

DD

 

isn't Hasan being charged under the uniform code of military justice? perhaps the Unborn Victims of Violence Act doesn't apply in this instance. just a guess.

 

According to the article:
[rquoter]The ADF letter urges enforcement of Article 119a of the Uniform Code of Military Justice, which makes it a crime for anyone "to cause the death...of a child, who is in utero at the time the conduct takes place" regardless of whether the killer intended to kill the child.

[/rquoter]

I don't agree with the idea behind the law but if that is the law this is clearly a case where it should be applied.

 

The article also states:

Yesterday, military officials charged him in those deaths and U.S. Army Criminal Investigation Command spokesman Chris Grey said additional charges may be filed

People might want to wait more than a week after the incident to determine what all the charges filed will be.

 

Great point.

 

I'd also point out:

The ADF letter urges enforcement of Article 119a of the Uniform Code of Military Justice, which makes it a crime for anyone "to cause the death...of a child, who is in utero at the time the conduct takes place" regardless of whether the killer intended to kill the child.


It's unclear what level of offense that is. I mean, anytime there's murder, you can also charge people with other lesser crimes like assault, but prosecutions generally just focus on the biggest charges. If that 119a is a lesser charge, the focus might just be on the murder charges instead. Its an easy and straightforward thing to prosecute and would result in life in prison or the death penalty, which is the primary purpose of the prosecution.

 

To clarify - I'm not saying it's right or wrong; just that this may be a line of thinking. They are just beginning the process of putting together the case, and the murder charges are the easiest thing, so those are the charges that have been filed so far. So that could very well change down the line, but I imagine the other part is more complicated to prosecute, especially if they have to get into whether there was intent to target the fetus (which would result in the deeper murder charge).

 

I'm not familiar enough with the law to say this for certain but it seems to me that the law does call for a murder charge and under the text even if the fetus wasn't specifically targetted.

Any of the CF.net lawyers out there familiar with military justice?

 

Just kill the guy already I don't want my tax dollars going to do anything more than buy a bullet for his head.

DD

 

I'll even lend the gun and donate the bullet.

 

too easy- he needs a scimitar.

 

Although I believe he should be charged for the murder of the unborn, and I don't want to derail this thread, but what does abortion constitute as? Is that not also the killing of an unborn?

 

The article says:

The ADF letter urges enforcement of Article 119a of the Uniform Code of Military Justice, which makes it a crime for anyone "to cause the death...of a child, who is in utero at the time the conduct takes place" regardless of whether the killer intended to kill the child.

If the killer intended to kill the child, he can be prosecuted for murder under Article 118.

So presumably, the 119a is a lesser charge, and the 118 murder charge wouldn't come into play unless they can prove intent.

 

I watched A Few Good Men. Does that qualify me as a Clutchfans military justice expert?

 

Why bother? They can get a death penalty with 13 counts of premeditated murder. You're not going to make him any deader than that.

 

"Now i will kill you until you DIE from it!"


-- Saddam Hussein to President Benson in Hot Shots Part Deux

 

he wants to make a political statement