Dan Abrams on Sgt. Bales

Dan Abrams went on Good Morning America¬†two weeks ago to discuss what has become a very troubling, national concern: that Sergeant Robert Bales killed 16 Afghan civilians while posted there. Dan addresses the defense, and the allegations that Bales does not remember what happened, which his attorney has put forward publicly. The defense may use a plea for “diminished capacity.” Dan makes a point to distinguish this from an insanity plea, saying that diminished capacity means essentially that this person could not have developed the necessary intent to commit the more serious charges. “In essence it’s saying maybe he should be convicted of a lesser crime. It could also be used in sentencing, saying it should be a lessened sentence.” Unfortunately for the defense this “is always an uphill battle.” When questioned on whether the death penalty would be appropriate, Dan cited that yes, it was likely, but that the last military case which resulted in an execution was in 1961, and that sentence requires the signature of the President. To watch Dan Abrams and the full discussion, click here.