#1 compete. "It gives us confidence. von miaowang123 26.03.2019 09:01

The Oscar Pistorius trial has resumed following a month long break. During that time, Pistorius underwent a psychiatric evaluation at the direction of the court to determine if he suffered from general anxiety disorder (GAD) at the time he killed Reeva Steenkamp. The Charges The issue being determined at trial is whether Pistorius killed Steenkamp intentionally, or as Pistorius alleges, he killed her by accident believing her to be an intruder. Form a legal standpoint, this distinction is really important since it ties into the charges faced by Pistorius. There are three possible scenarios with respect to the charges: Premeditated murder, murder and culpable homicide. Premeditated murder requires an intent to murder plus planning the murder. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. There was no significant planning to the crime, so premeditated murder will likely fail. Even if the prosecution cant make out premeditated murder, it can still get Pistorius on the lesser charge of murder. In order establish murder, they only need to show that he intended to kill Steenkamp (no planning element needed).Should the prosecution fail on murder, there is another lesser charge that could come into play: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that he killed her by accident). Premeditated murder would get Pistorius a compulsory life sentence, while murder would result in a compulsory sentence of 15 years. For culpable homicide, the sentencing is discretionary (varies from fines to prison time), although its not unusual to see prison time in South Africa of 5-10 years for this type of crime. Facing very serious charges, the defence team wanted to establish that Pistorius should not go to jail because he was mentally ill when he fired those four gunshots the night of Valentines Day. And thats where GAD comes into play. General Anxiety Disorder And Diminished Capacity A defendant that suffers from a mental disorder can be found not criminally responsible on the basis that he or she could not appreciate the difference between right and wrong at the time the crime was committed. If such a finding is made, one possible outcome is the trial ends right then and there, and the defendant is committed to an institution indefinitely. In essence, it would look very much like an acquittal with ongoing psychiatric care. So if it was concluded that Pistorius had a mental disorder that made him incapable of appreciating the wrongfulness of his act, the trial could have come to a very abrupt end and Pistorius could have avoided jail time. Psychiatric Finding The psychiatric report concluded that Pistorius was not mentally ill at the time he killed Steenkamp. As per the report, "at the time of the alleged offenses, the accused did not suffer from a mental disorder or mental defect that affected his ability to distinguish between the rightful or wrongful nature of his deeds". So that means the trial continues and Pistorius does not avoid prison in favour of an institution. Mental Illness No. 2: Post-Traumatic Stress Disorder Things didnt end with GAD. On July 2, the defence team declared that Pistorius was suffering from post-traumatic stress disorder (PTSD) and as result was suicidal. "He is...mourning the loss of Ms Steenkamp," said Barry Roux, Pistorius lawyer. "Should he not receive proper clinical care, his condition is likely to worsen and increase the risks for suicide." Is this a meaningful finding with respect to exonerating Pistorius? No. This mental disorder speaks to Pistorius state of mind AFTER the murder and not before or during the act. The key is in the name of the affliction: POST-traumatic stress disorder and not PRE-traumatic stress disorder. So that means that even if it can be shown that Pistorius suffers from PTSD, his mental illness did not render him unable to appreciate the difference between right and wrong at the time of the killing since he would have only developed the illness after the crime. Accordingly, as far as being a defence to the core issue in this trial, namely that Pistorius did not intend to kill Steenkamp, its irrelevant and of no import. However, the defence team may have raised PTSD as further evidence that Pistorius did not intend to kill Steenkamp. The defence team would argue that Pistorius is distraught to the point of being suicidal because he never intended to kill Steenkamp. If he did intend to kill Steenkamp, he would not be suicidal. Of course, this argument is vulnerable to attack. Pistorius intending to kill Steenkamp is not incompatible with feeling profound remorse and guilt after the fact. Indeed, it could be argued that experiencing feelings of anguish and accountability after intentionally killing someone is not unusual in this type of circumstance. The defence team also raised PTSD so they could rely on it as a possible mitigating factor to reduce his prison time come sentencing. The idea would be that he would need ongoing psychiatric care, which could only be adequately provided in an institution outside of prison. Next Steps Once the defence has called all its witnesses, it will close its case. That should within the next week or so. After that, both parties will present their closing arguments with a view to persuading the court of their respective positions. Once closing arguments wrap up, the Court will schedule a date to announce the verdict. Following the determination of guilt, a sentencing hearing will be held where both sides will present arguments with respect to the appropriate sentence. Thereafter, Judge Masipa will hand down her sentence. At the rate the trial is proceeding, expect it to conclude sometime in mid-summer. Pistorius claims lack believability and veracity. Given the number of improbabilities in his story (as discussed here), it would not be a surprise to see Pistorius convicted of murder. Cheap Jordans For Sale . The three goals bring Messis career tally for Barcelona to 371 in all games -- including friendlies -- breaking the club record of 369 held by Paulino Alcantara since 1927. The 26-year-old Messi was already the clubs all-time leading scorer in official games. Messi assured Barcelonas fans they will enjoy his goals for years to come, saying "as long as people want me, I will stay here. Air Jordan From China . Hawkins severely sprained his left ankle while making a diving catch during training camp and went on injured reserve with a designation he could return midway through the season. He was back at practice Wednesday. http://www.cheapairjordanfreeshipping.com/ . Tony Parker had 33 points and nine assists and San Antonio never trailed in a resounding 116-92 victory over Portland, bullying the younger Trail Blazers in Game 1 of the Western Conference semifinals. Cheap Jordans Shoes Free Shipping . The Kings paraded the Stanley Cup through downtown Los Angeles on Monday to celebrate their second NHL title in three seasons. Wholesale Authentic Jordans . According to Yahoo! Sports, the team has reached a five-year deal to play their home games on the roof of the Plaza Hotel and Casino.MONTREAL -- It wasnt pretty or convincing, but it was a win and the Montreal Impact will take it. Felipe Martins scored in the 15th minute and the Impact held on for a 1-0 victory over the Philadelphia Union on a rainy Saturday afternoon for their first win of the Major League Soccer season. It was the Impacts (1-4-3) first victory in 10 league games since a 2-1 triumph over Philadelphia on Oct. 19 last season and their first clean sheet since a 5-0 thumping of Houston last Aug. 24. "We did a great job of fighting for every ball," said Felipe, who got his team-leading second goal of the season. "But the most important thing was the three points. "We waited for this a long time and its very nice to be back with a win." The Union (1-3-5) are winless in their last seven games and havent scored in their last two. It was Montreals first home game on the grass field at Saputo Stadium -- after playing three times indoors at Olympic Stadium -- but the stands were only half full in chilly, wet weather, although attendance was listed at 19,075. Felipe scored when Patrice Bernier stole the ball from Sheanon Williams and took a long shot that Zac MacMath blocked, only to fall to the Brazilian who banged in the rebound. The Impact and goalkeeper Troy Perkins spent the next 75 minutes holding off the Union, who outshot them 17-7 and wasted some glittering chances. "We have to grow and improve because we didnt play a good game for 90 minutes," said centreback Matteo Ferrari. "Some parts were good. "But it was very important to get the three points. For us, it wasnt a moment to play well but it was a moment to get points." It was the first meeting between the teams since the Impact sent Andrew Wenger to the Union for Jack McInerney in a swap of strikers three weeks ago. Wenger was dangerous all afternoon, taking four shots, including two on goal. He missed the net by a long margin in the 22nd minute, but five minutes later forced Perkins to stretch out a hand to save a shot from the edge of the penalty area. "The whole teams been dangerous lately but we havent been able to put the ball in the back of the net," said Wenger, who has one goal in four games since the trade. "Thats whats frustrating. "We knew they were dangerous on counterattacck, like they were today, but we had the better of the play going forward.dddddddddddd We couldnt translate that into goals and thats something me and some other guys have to figure out." McInerney had a glittering chance in the 54th, but MacMath dove to get a hand on the shot. The striker known as Jack Mac said it was fun to play his former teammates. "Whenever Id walk by someone there would always be a little comment made, but at the end, it was business," he said. "Every tackle had a little something extra in it." It was also a first Impact win for former Chicago Fire coach Frank Klopas, who replaced the fired Marco Schallibaum in December. There had been grumbling among fans and the media that Klopas and sporting director Nick De Santis should be let go if the teams record winless run to start a season continued, although De Santis met with the media during the week to give his third coach in as many MLS seasons a vote of confidence. The discontent showed when their staunchest supporters who cluster behind the west goal held up banners that read: "3 years, 3 coaches, 1 De Santis." "It felt really good," Klopas said of the win. "Some games are not going to be pretty soccer and you have to find ways to compete. "It gives us confidence. You can do things in training, but its important to get results. You have more enthusiasm." The Impact would probably wish to play again as soon as possible, but they are entering a bye week and dont play again until May 7 when they face either Ottawa or Edmonton in a Voyageurs Cup semifinal. Their next league game is at home May 10 against Kansas City. The Impact are 4-1-2 against Philadelphia in two-plus seasons in MLS, including 4-0-0 in Montreal. Fullback Hassoun Camara was shown the yellow card for clotheslining Fabinho in the 37th minute. It was his fifth caution of the season and he will be suspended for Montreals next MLS game. The Union play next week at Seattle. Notes: Fullbacks Camara and Jeb Brovsky were back in the starting 11 for Montreal as Eric Miller and Maxim Tissot saw action as substitutes. Calum Mallace, who started last week, was back on the bench as McInerney started. . . Conor Casey and Crisitian Maidana were on the bench for Philadelphia while Fabinho started. ' ' '

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