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in Allgemeines 18.06.2019 06:35
von miaowang123 • 300 Beiträge

Oscar Pistorius was sentenced by Judge Thokozile Masipa to five years in prison for killing Reeva Steenkamp. Judge Masipa indicating that she wanted a sentence that was fair and just both to society and the accused. Judge Masipa also sentenced Pistorius to three years in prison for unlawfully firing a gun in a restaurant in a separate incident weeks before he killed Steenkamp. However, the Court ordered that sentence to be suspended for five years on the condition that Pistorius is not found guilty of another firearm offence during that time. Both sentences will run concurrently. A concurrent jail sentence means that Pistorius will serve all the sentences at the same time. This is in contrast to a consecutive jail sentence, where Pistorius would have had to serve one sentence first before starting the next one. Concurrent jail sentences are generally the norm. Culpable Homicide Pistorius was found guilty of culpable homicide, which means Judge Masipa concluded he acted negligently when he killed Steenkamp. So by passing on the more severe charge of murder, Judge Masipa was saying she believed the shooting was an accident. Under South African law, the legislation does not provide for specific prison time for culpable homicide. Rather, 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. The sentence of five years is on the lighter side but still in keeping with South African precedent. Early Release for Pistorius Judge Masipa relied on Section 276(1)(i) of the Criminal Procedure Act, which provides for imprisonment from which such a person may be placed under correctional supervision in the discretion of the Commissioner or a parole board. The key term in that section is correctional supervision. Correctional supervision is a community-based sentence which is served by the offender in the community under the control and supervision of correctional officials, subject to conditions which have been set by the court or the Commissioner of Correctional Services, in order to protect the community and to prevent relapse into crime. Effectively, its house arrest with additional conditions, such as community service, lectures and meetings. By invoking Section 276(1)(i), Judge Masipa set the stage for a possible early release. There are reports, however, that Pistorius will be out of jail within ten months and serve the remainder of his sentence under house arrest (or correctional supervision). While this is possible, it is by no means automatic. The more likely scenario is that he serves a third of his sentence in prison (or 20 months). Thereafter, assuming he has behaved, his release will be a negotiated with Correctional Services. Possible Appeal It is open to the prosecution and its lead lawyer Gerrie Nel to appeal Judge Masipas ruling of culpable homicide. Judge Masipa found Pistorius not guilty of murder. In order to make out this charge, the prosecution had to establish that Pistorius intended to kill someone – Steenkamp or the intruder. Thats right – its still murder if it could be shown that Pistorius intended to kill anyone that night. Perhaps it could be argued that the requisite intent to kill Steenkamp was not established. A tough argument to make given the totality of the evidence but still an argument that could made with a certain level of credibility. The reasoning would go something like this: Pistorius did not know it was Steenkamp in the bathroom so he therefore could not form the necessary intent to kill her. However, the Judge committed an error of law when she concluded that Pistorius did not commit murder. Specifically, Pistorius should have been found guilty of murder because he foresaw killing someone and then did so. This legal concept of intent, which holds people responsible for the foreseeable consequences of their actions, is called dolus eventualis. By his own account, after he heard the intruder, Pistorius grabbed his gun, removed the safety, charged down the narrow hallway to the bathroom, and without any words of warning, fired four shots through a locked door into a very small toilet cubicle. Every decision from grabbing the gun to firing the shots with deadly hollow point black tallon bullets was conscious and intentional. He did not fire just once clumsily or accidentally, or yell out to the intruder. He deliberately and intentionally fired four shots in quick succession with great precision through the toilet door. The evidence strongly supports the conclusion that Pistorius believed that there was a person behind the door, foresaw that his gunshots would kill that person and nevertheless persisted. And thats murder. How did Judge Masipa come to a different conclusion? Well it seems that she concluded Pistorius did not intend to kill anyone because Steenkamp was asleep in his bed. Theres an obvious disconnect in that logic, and it seems as though Judge Masipa was focused exclusively on whether Pistorius believed Steenkamp was still in his bed. This constitutes a misapplication of the law, which opens the door for an appeal by the prosecution. Will the Prosecution Appeal? The prosecution will consider a number of factors in deciding whether it files an appeal. Nel was asking for ten years and got five. A conviction of murder would have meant 15 years in prison. So from that standpoint, he will consider the prison time light. The suitability of the sentence from a societal standpoint will also be considered. What type of message is being sent? Is the judicial culture in South Africa indulgent and soft on crime? Are criminals being told that they will be treated with leniency? Does such a modest sentence for such a horrible crime serve as a deterrent? The Steenkamp family considers the matter closed. A lawyer for the family said the sentence was welcome and they felt it was right. That may have an impact on whether Nel elects to appeal, although this will not be a determining factor. The State (in the form of the South Africas National Prosecuting Authority) has said it has the appetite to appeal the culpable homicide verdict with the hope of securing a murder conviction. Still its unclear at this point if we will see an appeal. The prosecution will study the matter and make its decision by appeal deadline, which is in 14 days. Will Pistorius Appeal? No. This is a very good result for Pistorius. His story was filled with a number of improbabilities that made his intruder story very difficult to believe. Indeed, the prosecution might tell you Pistorius got away with murder. Cheap Nolan Ryan Jersey .Y. - The Philadelphia Eagles game at Green Bay against the Packers on Nov. Wholesale Rangers Jerseys . -- The defending Canadian womens curling champions squandered an opportunity to take sole possession of first place in the standings Tuesday at the Scotties Tournament of Hearts. http://www.cheaptexasrangersjerseys.com/?tag=cheap-ferguson-jenkins-jersey . -- San Francisco 49ers offensive co-ordinator Greg Roman is a finalist to replace Joe Paterno at Penn State, his agent said Monday. Cheap Rangers Jerseys Authentic . - Defensive end-linebacker Mike Neal apparently is returning to the Packers. Cheap Rangers Jerseys . Ending a nine-game losing streak? That gave the Milwaukee Bucks veteran forward a reason to smile.DETROIT -- Its been over a decade since the Kansas City Royals were in first place this late in the season, and try as he might, manager Ned Yost couldnt totally downplay the achievement. He just wants it kept in perspective. "Its nice. Weve got a lot of games to play. We dont get all geeked up," Yost said. "Its better than the alternative, trust me." Alex Gordon and Mike Moustakas homered as part of a seven-run second inning, and the Royals displaced the Detroit Tigers atop the AL Central on Tuesday night with an 11-4 victory, their ninth in a row. Kansas City is in first place this late in the season for the first time since 2003, according to STATS. The Royals were leading the division in late August that year, only to finish third at 83-79. They have not made the post-season since winning the World Series in 1985. "A lot of games left, so it really doesnt matter, but to say youre in first place, it feels pretty good," designated hitter Billy Butler said. "Being in first place any time is good -- even if its after the first game." Gordon and Moustakas hit two-run shots off Max Scherzer, and Kansas City has won the first two games of this four-game series emphatically. The Royals, who trailed the Tigers by seven games after a May 20 loss, now lead Detroit by a half-game. Scherzer (8-3) yielded a career high-tying 10 runs in four-plus innings. The reigning American League Cy Young Award winner allowed the first eight batters of the second inning to reach base, with Kansas City scoring six runs before making an out. "Im just not putting guys away with two strikes. Thats my problem," Scherzer said. "Ive taken punches on the chin before, and Ive come back. Im not worried about that. I just have to get back to where Im putting guys away." Scherzer did strike out five in the game. Yordano Ventura (5-5) allowed three runs and eight hits in seven innings. Ian Kinsler hit a solo homer for Detroit. After winning 86 games in 2013, Kansas City is hoping to unseat the Tigers, who have won the last three division titles. Detrooit looked headed for a fourth straight year at the top after a 27-12 start, but now the Tigers are facing a surprising number of questions about their starting rotation, which was expected to be among the best in baseball.dddddddddddd Justin Verlander has slumped badly over the last month -- he took the loss in Kansas Citys 11-8 victory in the series opener Monday. Scherzer threw his first career shutout last week, but the Royals tagged him for 10 hits in his next start Tuesday. Gordon opened the scoring with his two-run drive to right field, and Moustakas homer made it 4-0. Omar Infante added a two-run single before Eric Hosmer finally made the first out of the second inning on a tapper to the pitcher. Some fans cheered sarcastically, even though another run came home on the play to make it 7-0. Verlander and Scherzer combined to allow 17 runs in the first two games of this series. Thats the most ever by two teammates with Cy Young Awards in back-to-back team games, according to STATS. Ventura allowed two runs in the second, but that was the first of three consecutive innings in which Detroit hit into a double play. With the Royals ahead 10-2 in the fifth, Ventura walked Miguel Cabrera with the bases loaded, but the hard-throwing rookie caught a break when a pitch to Victor Martinez sailed past catcher Salvador Perez. The ball bounced hard off the backstop, right back to Perez, and Detroits Eugenio Suarez was caught between third base and home. Perez threw to third to catch Suarez retreating and end the inning. NOTES: Detroit is out of first place for the first time since taking over the division lead July 3 last year, according to STATS. ... The Tigers agreed to terms with OF Derek Hill, the teams first-round draft pick. ... Perez extended his hitting streak to 11 games. ... Royals INF Danny Valencia (left hand) was assigned to Triple-A Omaha for a rehab assignment. ... Detroit OF Torii Hunter, who left Mondays game with a hamstring cramp, did not play. ... Detroit LHP Drew Smyly (3-5) faces Kansas City RHP Jeremy Guthrie (3-6) on Wednesday. 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