If the American soldier responsible for this is convicted will he face the death penalty?

[sandyRoe]

http://uk.news.yahoo....-spree-074109101.html

[jackthehat]

No.
He had some sort of breakdown shortly before carrying out this atrocity.
That will be his defence.

[Philtaz]

I've a feeling that 'diminished responsibility', maybe PTSD or 'temporary insanity' as the US probably deem it will have a part to play here so no, I don't expect the death penalty.

[sandyRoe]

Would that same defence work for an Afghan soldier who went 'berserk' and shot US or British servicemen?

[jackthehat]

Afghani Law would apply, in that instance, I presume.

[Philtaz]

IMHO there's a difference, sandy.

When Afghan soldiers/policemen do it they've invariably done so as Al Qaeda insurgents, under the pretence of joing the Afghan security forces.

This guy has obviously thrown a wobbly, with horrendous consequences.

[Philtaz]

I'm sure that as UK/US/Coalition troops are there at the request and invitation of the Afghan government that matters of jurisdiction in such circumstances would have been agreed prior to deployment and I'm sure the US would ensure that regardless of such heinous crimes they would have jurisdiction in such matters.

[sandyRoe]

Whatever his motive I doubt if he'd even face a particularly long time in prison.
I'm basing my opinion on the sentences these people received.

http://en.wikipedia.o...i/Mahmudiyah_killings

[ummmm]

Like Jack said. It looks like he's had some sort of breakdown.

[Sqad]

\\"I cannot explain the motivation behind such callous acts, but they were in no way part of authorised Isaf military activity.\\

mmmmmm!

I am sure that the defense will go down the road of diminished responsibility, but an aggressive prosecutor may blow holes in the defense.

Interesting.

[The-HouseHusband]

Most likely line of action will be discharge from the military due to unstable mental state and once back on American soil he will go before a court to be sectioned under the American Mental Health Act. It will surely be looked at as a serious case of Post Traumatic Stress that caused him to act in the manner he did.

I feel for his family who will no doubt be hounded by the American news crews who love to think they are helping by parking all their vans on a quiet suburban road and forcing mikes into everyones face

[vulcan]

We don't know the full details as usual, according to the link witnesses say they saw a group of soldiers.

[ummmm]

The BBC link in 'News' is clearer...

[DTCwordfan]

Justice will take its course and the US system tends to be harsher than ours, esp if the insanity defence does not work......which can often be the case in the USA

http://www.trutv.com/...drea_yates/index.html

It took four years or so for Andrea Yates to win an extreme post-natal depression plea and to get her the full help that she needed.

[NOX]

The thing is whenever an occupying soldier of any force ' goes beserk' as it's been put, irrespective of whose right or wrong or what the truth is, a massive face saving, damage limitation machine swings into action by the occupying force. The witness said there were multiple soliders and that they all appeared drunk, and had previously threatened them with dogs. That to me pretty much says a55holes not mentally unstable and unable to cope. However, doubtless as many have said, he'll be suffering from post traumatic stress disorder and will get off relatively scott free. Nice.