Major Hasan’s mental responsibility (insanity)

Philip D. Cave

Here’s the question, I think.

Military.com, as with many other media outlets are reporting:

Nidal Malik Hasan’s overly zealous religious views and strange behavior worried the doctors overseeing his medical training, but they saw no evidence that he was violent or a threat.

The question, a legitimate question, has been raised about Major Hasan’s mental responsibility (read sanity or insanity) for his acts at Fort Hood. His lawyers – military lawyers and civilian – will rightly be investigating sanity issues as a defense or mitigation. The court-martial is going to hear sufficient evidence of what he did, the central question will be why – why from a mental health standpoint, not motive. And, as I and others recommend, the command ought to be doing that themselves rather quickly — getting the R.C.M. 706 examination discussed in an earlier post. Here’s some interesting observations from OpinionBlog.

People who are stirring up fear and hatred along these lines are completely missing the point. It doesn’t matter what Maj. Hasan’s religion is. It matters a lot what his sanity level is and was. His sanity level was off the charts. In medical/psychological terms, I think the technical term is “nut-case loony.” Anyone who’s been listening to Daniel Zwerdling’s reports on NPR over the past day would know that Hasan’s colleagues had been worried about him for years, concerned that he was psychotic and capable of inflicting harm. The reason he was assigned to Fort Hood was that he would be further out of harm’s way there. At least, that’s what they thought. They knew he was in significant psychological trouble, but no one seems to have done anything about it.

Now, Major Hasan has been with and around a lot of psysch’s over the years, and apparently some had questions about his fitness. But does the input and the day to day contact between Major Hasan and these mental health professionals cause doubt over the validity of an insanity defense in this case. Surely, these trained professionals would have identified someone who did not know right from wrong and who could not follow the law. This and other questions will be central to Major Hasan’s likely insanity defense. Will this case call into question the overall quality of mental care and providers in the Army?

Client Reviews

Many years after retiring from the USN, I suddenly found myself in a very unwelcome legal matter with the Navy. It was a total shock and I was very concerned as to the impact this would have on me and my...

Rob

I was facing accusations that would not only ruin my career but my life. When I hired Mr. Freeburg, he gave me the hope that everything would be turn out great. He put a great team together along with my...

Air Force Anonymous

Phil Cave has helped me through NJP and restoration of my security clearance. He even came to visit me in Spain. I never thought I would work again and he certainly through with advise and guidance that we're...

Bryan

Mr. Nathan Freeburg fought and won a war for me. A war where my life was on the line. The week of trial was extremely long but he never seemed like he was tired. The prosecution were getting whittled down each...

Navy Anonymous

Mr. Cave saved my military retirement! His promise to me from day one was that he would fight as hard as he could he right the wring that had been done to me. And he did! I am so very thankful and grateful to...

Crystal

Mr. Freeburg is passionate about justice and upholding the law and dignity of the court. He is brave and bold in his ability to represent his clients amidst the attempted intimidation and procedural pressure...

Navy Represented

The Army and prosecution was pushing for me to take a Chapter 10. But Mr. Freeburg made me confident we could win. We went to trial and he crushed them in cross examination and he saved my career.

Vince

Contact Us

  1. 1 Free Consultation
  2. 2 Over 40 Years of Experience
  3. 3 Dedicated to Military Law
Fill out the contact form or call us at 703-298-9562 to schedule your free consultation.

Leave Us a Message