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To: BlueLancer
Wow, the people we get the honor of meeting on FR.

Can you comment, not as lawyer understandably, on the comments in post 32 by Texas Fossil?

Will the State of Texas have any recourse for the crime committed against one of its citizens?

38 posted on 08/18/2012 9:46:08 PM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: texas booster; Texas Fossil
"Can you comment, not as lawyer understandably, on the comments in post 32 by Texas Fossil?"

Well, to be completely honest, I don't know all of the ins-and-outs of the interplay of jurisdiction between State, Federal, and in-State locations under Federal supervision.

Normally, if a solder commits an offense on-post, whether it be against another soldier or a civilian, the Army takes jurisdiction. If a soldier commits an offense off-post, the State gets to make first call if they want to prosecute or not. Depending on the status of the "victim" (was it another soldier, a civilian, or an off-post business), the severity of the crime, and how the County/City prosecutor views the outcome in civilian court versus the possible result in military court, the State will either keep or surrender jurisdiction.

Now, since the offense took place on post and was committed by a soldier, my guess is that the State wasn't given the option of asserting jurisdiction. If the "civilian" victims of the shooting had any connection with the military .. such as being a retiree, an on-post civilian employee, a dependent wife or husband .. that bolsters the military's assertion of jurisdiction.

Now, that doesn't necessarily negate the possibility of civil court action against MAJ Hasan for the killings. I am out of my league there. I was a military court reporter for 18 years (having been an infantryman/M60 gunner for my first three years in the Army until my promotion to SGT) and have been the civil service court installation court reporter on Fort Hood since 1994. My expertise, such as it is, is strictly within military court parameters.

54 posted on 08/20/2012 5:21:58 AM PDT by BlueLancer ("No friend ever served me, and no enemy ever wronged me, whom I have not repaid in full" (Sulla))
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