Comment

Fort Hood Updates

151
lawhawk11/06/2009 11:47:26 am PST

re: #146 Gang of One

It does. The penalty for murder under the UCMJ is either life confinement or death, as determined by the court martial.

Any person subject to this chapter whom without justification or excuse, unlawfully kills a human being, when he- -
(1) has a premeditated design to kill;
(2) intends to kill or inflict great bodily harm;
(3) is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or
(4) is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery, or aggravated arson;
is guilty of murder, and shall suffer such punishment as a court-martial may direct, except that if found guilty under clause (1) or (4), he shall suffer death or imprisonment for life as a court-martial may direct.

Since there’s an appearance of premeditation here, the court martial could see its way to find death penalty warranted.