Here are a couple of articles describing the efforts to treat the wounded as the shooting at Ft. Hood ended last year. As some earlier witnesses testified, several theorized that the shooter targeted those in uniform, sparing most civilians in the building.

As I’ve read the reports of the Article 32 hearing over the past week plus, I keep seeing comments to the effect that “Major Hasan remains jailed. The military doesn’t have a bail system.” While these statements are true, they give the impression that all military accuseds (defendants) are placed in confinement, pending the resolution of their cases.

As military justice practitioners know, it is rare to see an accused placed into pretrial confinement. In fact, you usually only see pretrial restraint of this nature in cases involving a significant level of violence or the threat that the accused will run before sentencing. The standard to keep someone in pretrial confinement requires a neutral and detached officer to find probable cause to believe a crime under the Uniform Code of Military Justice has been committed, the accused committed the crime, and no lesser forms of restraint are adequate to prevent the accused from going AWOL or committing serious misconduct. Because the military has a variety of other means of “keeping an eye on” accuseds before trial, most accuseds remain free, pending the outcomes of their courts-martial.

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