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came against Virginia on Nov. 19, 20

 
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miaowang123



Joined: 24 Nov 2016
Posts: 92

PostPosted: Thu Apr 13, 2017 2:14 am    Post subject: came against Virginia on Nov. 19, 20 Reply with quote

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. Nike Air Max 90 Essential Pas Cher . Solomon Elimimian did not make the trip with the team after suffering what appeared to be a right leg injury in the teams regular season finale against the Calgary Stampeders. Air Max 90 Essential Femme Pas Cher . -- Edwin Encarnacion hit a three-run homer, Colby Rasmus drove in two runs and the Toronto Blue Jays beat the Detroit Tigers 9-4 on Saturday. http://www.airmax2017pascher.com/air-max-90-hyperfuse.html .C. - The housecleaning continues for the B. Nike Air Max 2015 Pas Cher . -- Jane Kish stopped all 25 shots she faced as the Weyburn Gold Wings blanked the Sudbury Lady Wolves 3-0 on Friday to advance to the gold-medal game at the Esso Cup. Nike Sportswear Air Max 90 Homme . The Tiger-Cats announced on Friday the linebacker has signed a new contract with the team through the 2016 season.Tallahassee, FL - Jameis Winston accounted for two touchdowns and No. 2 Florida State extended its winning streak to 25 games with a 34-20 victory over Virginia on Saturday. Winston overcame two early interceptions and completed 22-of-35 passes for 261 yards and a touchdown, while also adding a score on the ground for the Seminoles (9-0, 6-0 ACC), who have won 21 consecutive games against conference foes. Rashad Greene caught 13 passes for 136 yards and a score, and Karlos Williams rushed for 70 yards and two touchdowns on 21 carries. Greyson Lambert threw for 220 yards and three touchdowns with an interception on 20-of-35 efficiency, while Canaan Severin, Darius Jennings and Andre Levrone each hauled in a TD pass for the Cavaliers (4-6, 2-4), who lost their fourth straight game. Losing four in a row, its frustrating, Severin said. We can still be bowl eligible, so weve still got to just keep playing. Florida State pulled away with 21 straight points in the second quarter. Lamberts pass to the left sideline was intercepted by Terrance Smith, who took the ball to the Cavaliers 3. Williams extended the ball into the end zone for a 14-7 lead less than a minute into the second quarter. After Lambert turned the ball over, Florida State needed just one play to find the end zone again as Winston stood tall in the pocket a delivered a 22-strike to Greene for a 21-13 lead just 12 seconds later. The Seminoles chewed up 6:48 with a 15-play, 84-yard trek that was capped when Winston jumped to fake a pass before diving into the end zone for a 4-yard score 4:43 before halftime. Dalvin Cook fumbled the ball and Virginia took over at Florida States 22. On the very next play, Lambert lofted a pass to Severin for a 22-yard score to get to make it a 28-20 game seven minutes into the third. Roberto Aguayo capped a 9-play, 60-yard Florida State drive by splitting the uprights from 43 yards out for a 31-20 lead. Winston completed a 21-yard pass to Williams to move thhe Seminoles into Virginia territory, but the drive stalled at the 23-yard line and Aguayo kicked a 40-yard field goal with 16 seconds left in the third.dddddddddddd On 4th-and-1 at Florida States 32, Kevin Parks ran four yards for a Virginia first down. After Lambert was sacked for a 9-yard loss, he completed a 26-yard pass to Zachary Swanson two plays later to the Seminoles 15. The Cavaliers turned the ball over on downs after Jennings hauled in a pass for a 2-yard loss to seal the outcome with 5:47 to play. Were still continuing to get better every week in certain things, and weve got to keep growing, FSU head coach Jimbo Fisher said. After Florida State punted on its initial drive, David Marrs fumbled the ball on Virginias first play and Mario Edwards Jr. recovered it at the Cavaliers 26. Winston ran 20 yards and Williams plunged in from two yards out for a 7-0 lead. Maurice Candy picked off Winstons pass over the middle to give the Cavaliers the ball at their 47-yard line. Virginia moved to Florida States 18 after a defensive pass interference penalty and Lambert connected with Levrone for a 16-yard score two plays later for a tie game with 4:20 left in the first. Winston threw his second interception of the first quarter after his pass was tipped up into the air and Eli Harold caught at Florida States 45. Lambert completed a 13-yard pass to Doni Dowling, Khalek Shepherd ran 15 yards for a first down and hit a diving Jennings in the end zone for a 15-yard touchdown. Ian Frye, however, missed the extra point. Game Notes Florida State became the 25th team in college football history to win 25 straight games ... The Seminoles last conference loss came against Virginia on Nov. 19, 2011 in a 14-13 decision ... Cook left the game with a leg injury ... Virginia has lost nine straight games on the road since winning at North Carolina State on Nov. 3, 2012 ... The Seminoles hold a 15-3 advantage in the all-time series and are 9-1 in Tallahassee. Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys Cheap Jerseys ' ' '
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