Jonah:
You are right — his actions, especially during wartime in a combat zone, qualify him for the death penalty. The last time, that I am aware of, we did a “field court-martial” w/ a subsequent execution was during WWII. However, the UCMJ did not exist back then and military justice was very much commander-driven. There were very few substantive rights available to a defendant. There was definitely no detailed review of captial cases.
With the advent of the UCMJ in the early 1950’s, the military justice system slowly began to resemble a traditional civilian criminal justice system. Many of the rules and procedures derive from federal rules.
It is still commander-oriented — they call many of the shots and exercise great discretion — but at the same time soldiers maintain many, if not more, rights than civilians.
As for SGT Akbar, the Army military justice system is big and comprehensive enough to avoid a quickie court-martial.
Here is what will most likely happen: A criminal investigation that will take a couple of weeks, then charging SGT Akbar. After he has been charged, his brigade commander will convene a preliminary hearing, called an Article 32 hearing, to determine whether there is enough evidence to go forward. Then it will be “referred” to a military court and judge for the trial process. My guess is that rather than give it to a judge in the Kuwait-Iraq theater, they’ll transfer the whole case back to the 101st’s home station at Fort Campbell. Once it’s referred, the lawyers and commanders will start negotiating possible settlements and pleas. Prosecution will argue the heinousness of the crimes, while the defense will get psychs involved to say that he was nuts. If the Muslim angle is true and his issues were more emotional than mental, I suspect the command and prosecutors will nix any plea negotiations and go for captial punishment.
Personally, I agree with the death penalty for this young man. It is one thing for a soldier to murder another person, for which we have given the death penalty. It is another thing to be a member of the famed and honored 101st Airborne Division and kill your own troops in the middle of combat. Let him get his due process, then execute him.
A quick word about the 101st — I’ve never served in that unit, but when I did criminal defense work, I represented a couple of their soldiers for ecstasy use. Every one I met with there was an outstanding soldier and human being. These are the guys who really put their lives on the line for our freedoms. Even the wayward young men I represented there were great individuals who just happened to have made some poor choices. Even though I wear the same uniform, I do not consider myself to be in their league. Anti-war protestors and Michael Moore aren’t even on the same planet.
Feel free to quote, I’d rather remain anonymous.
<Name/Rank Withheld]