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s on the staff nor how many would interviewe

in Share With Other Members Mon Dec 23, 2019 9:44 pm
by sakura698 • 1.170 Posts

The Oscar Pistorius trial has resumed following a month long break. Cheap Shoes For Sale . 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 Shoes Free Shipping .com) - The Carolina Hurricanes placed defenseman John-Michael Liles on injured reserve Tuesday. Cheap Shoes Website . Louis and Ryan Kesler have demanded to be traded. https://www.cheapshoesdiscount.com/ . -- The top-seeded Alberta Pandas set up of an all-Canada West final against arch rival UBC at the CIS womens volleyball championship after a 3-0 win over the No.NEW YORK These are busy times for Maple Leafs general manager Dave Nonis. Theres the upcoming draft in Philadelphia, a coaching staff to round out and a roster requiring some alterations and likely upheaval following another late season collapse. First up is the draft. The Leafs hold the eighth overall pick in a class thats more or less unpredictable especially at the top. Nonis, attending the GM meetings in midtown Manhattan on Wednesday, reiterated what was first reported in the Toronto Sun, that his club would be open to moving up from their current perch or staying put if the price was too high. "Youve got a pretty good chance of getting a good player at eight or four," he said. "For us to move up the price tag would have to reflect that fact." Panthers general manager Dale Tallon is reported to have been actively shopping the first overall pick in a 2014 collection that lacks any clear-cut top prospect; defenceman Aaron Ekblad, as well as centres Sam Bennett, Leon Drasaitl, and Sam Reinhart are among the names in contention. Nonis went with a hulking, defensively-aware centre in Frederik Gauthier a year ago his first draft as the Leafs boss but is almost certain to add skill with the eighth pick this time around. "I wouldnt say its a priority that were going to go for the most skilled player," Nonis explained, "but I think the players that are going to be available in the top eight by and large are skill players so because of that fact theres a good chance thats what you end up with." Lacking in high-end deptth organizationally down the middle, the Leafs are likely to miss out on the top-end centres (Bennett, Draisaitl, Reinhart) if they stick with their current pick, but could lean in the direction of Sault St. Cheap Shoes Wholesale. Marie pivot Jared McCann or a promising bunch of big, high-scoring wingers Michael Dal Colle, Nick Ritchie, Brendan Perlini, Jake Virtanen not to mention speedy, skilled types in Nikolaj Ehlers and Willie Nylander. "I think all those guys have ability," Nonis said. "Its not one [of those drafts] where youre going to get a hard-nosed plugger or shutdown defenceman; I think even the guys who are more rugged theres some pretty good players there." The search for a coaching staff to surround incumbent Randy Carlyle continues additionally. Opting to keep Carlyle as the lead bench boss in early May, the Leafs fired assistants Dave Farrish, Scott Gordon and Greg Cronin. Nonis declined to say how many candidates had been interviewed for jobs on the staff nor how many would interviewed in the future. "Id like to have it done sooner rather than later, but theres still quite a few people to go through and were not going to rush it," he said. As far an impending pack of free agents that includes Mason Raymond, Nik Kulemin, Dave Bolland and Jay McClement, Nonis hadnt ruled any out from a return to the club next season; the Leafs have had preliminary discussions with the Bolland camp. Nonis wouldnt rule out a return for former Leaf Leo Komarov, who plans to return to the NHL, though only at the right price-point. ' ' '

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