Major Nidal Hasan’s Court Martial to Proceed in October 2010 – Article 32 Hearing Greatly Differs From Civilian Premeditated Murder Trial
What: On November 5, 2009, Major Nidal Hasan opened fire at Ft. Hood, killing twelve armed servicemembers and one civilian. Major Hasan now faces thirteen counts of premeditated murder and thirty-two counts of attempted murder. His Article 32 Hearing under the Uniform Code of Military Justice (UCMJ) is expected to begin next month.
Trial under distinctive characteristics from civilian trials, including case proceedings, defense council’s ability to mount an insanity defense, the military’s procedure for capital punishment, as well as the problem of undue command influence arising when a subordinate servicemember receives pressure from a higher-ranking official in a way that interferes with their independent judgment.
Who: Attorney and former Army Judge Advocate General (JAG) Greg T. Rinckey, Esq., is available for analysis and commentary on Article 32 proceedings, the unique process and procedures of a trial under the Uniform Code of Military Justice, as well as the burden of proof military prosecutors need to meet. Mr. Rinckey has dedicated his life to the practice of military law and prosecuted and defended military personnel in over one hundred felony cases, including murder charges. He recently authored a National Law Journal article on military proceedings expected in the Hasan trial, including differences between the military and civilian court systems.
When: Mr. Rinckey is available for legal commentary via phone, satellite, or in person at your earliest convenience.