Wednesday, August 14, 2013

Oh, My, My, My..,

...doesn't that have a familiar ring to it?

Manning Apologizes for Leaks
"His statement followed testimony by a military psychiatrist who said Manning suffers from a series of emotional problems including a gender identity disorder and symptoms of autism. The psychiatrist also said Manning suffered problems related to fetal alcohol syndrome resulting from his mother's heavy drinking while she was pregnant with him."
A virtual panoply of ready made excuses.

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1 Comments:

Blogger Dave in Pa. said...

"A virtual panoply of ready made excuses."

All created by his lawyers, for the purpose of eliminating, or at least reducing, his intellectual capacity to form the criminal intent element of the offenses with which he's being court-martialed. American law, like all Anglophone law, is historically based on the English Common Law. In this Common Law, all crimes, as defined in their legislated statutes, have a mental element, the criminal intent, and the act element(s). All these elements must be proven beyond any reasonable doubt. If the Defense can at least create a reasonable doubt as to the mental capacity to form the necessary mental element of criminal intent, the jury must acquit.

I don't think this is going to work in the Manning case. I think Private Manning is going to spend the rest of his life, with no possibility of parole, in the Military Correctional Facility section of Leavenworth Federal Prison.

This military prison is, from what I've read, not brutal, but extremely regimented, extremely strict. It's the antithesis of the proverbial "country club prison". Since he's only in his 20s, that's many years of never having a nice day. I suppose one could debate whether that's actually worse punishment than the death penalty.

August 15, 2013 9:23 pm  

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