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The Oscar Pistorius trial has resumed following a month long break. [url=http://www.shoptheofficialpatriots.com/Elite-Brandin-Co

#1 von jokergreen0220 , 16.04.2018 10:04

The Oscar Pistorius trial has resumed following a month long break. Brandin Cooks Jersey . 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. Tom Brady Jersey . Coming off a 6-0 drubbing at Chelsea on Saturday, Arsenal endured another demoralizing result after rallying for a 2-1 lead -- only to concede a fluke equalizer. Cameron Fleming Jersey . The veteran fighter will be squaring off with Henderson in a five-round lightweight bout as part of another network televised card at the United Center on Saturday night. http://www.shoptheofficialpatriots.com/Elite-Drew-Bledsoe-Patriots-Jersey/ . Sterling was banned for life and fined US$2.5 million by the NBA on Tuesday for racist comments the league says he made in a recorded conversation. Nash, who plays for the rival L.A. Lakers, spoke as a representative of current NBA players at a press conference assembled by Sacramento mayor and National Basketball Players Association adviser Kevin Johnson.Sam Gagner had heard his name in trade talk for quite some time, but even he couldnt have expected this. Gagner was traded twice Sunday, first from the Edmonton Oilers to Tampa Bay and then from the Lightning to the Arizona Coyotes. Edmonton got Teddy Purcell, the Lightning got a sixth-round pick and salary-cap space and the 24-year-old centre got to experience a "roller-coaster of emotions." "I was talking to my agent, and he had said when Tampa traded for me that there might be something else going on," Gagner said. "So it was something I was prepared for. I wasnt really expecting to be traded (again) today. But its one of those things that happens in sports, and I guess youve got to be ready for it at all times." Trading Gagner, who has two years left on his contract at a cap hit of $4.8 million, now was important to Edmonton because his no-trade clause was set to kick in July 1. Coyotes general manager Don Maloney said he got a call from Oilers counterpart Craig MacTavish early Sunday, but by the time he called back to discuss Gagner there was already a verbal agreement with Steve Yzerman on a trade to Tampa Bay. By sending Purcell, a 28-year-old winger, to the Oilers, the Lightning shed themselves of his $4.5 million cap hit over the next two seasons. The St. Johns, N.L., native has 228 points in 401 regular-season games and 18 in 22 playoff games. The Lightning were prepared to buy out Gagners contract, but that plan was put on hold when Maloney expressed interest in the London, Ont., native whom the Coyotes coveted for some time but saw his salary as a bit too rich for their blood. Still, they wanted to get something done. "(The Lightning) were trying to free up some cap space to do some other things, which obviously they did when they traded Teddy Purcell," Maloney said on a conference call late Sunday night. "Basically we hung up the phone, I said (to Yzerman), Im going to have a beer, you go have a glass of wine and if you can come up with an idea, call me back." Maloney and his staff came up with the idea of putting gritty winger B.J. Crombeen and his $1.15-million cap hit in the trade, and it got done once Tampa Bay agreed to retain one-third of Gagners salary and cap hit, which would have been the price had he been bought out. The Coyotes could have waited for Tuesdays start of the free-agent signing period to take a run at Gagner, but that wasnt a risk Maloney was willing to take. "That concerned me," he said. "As were looking and exploring how we help our centre ice and whats happening right now, it scared me to death." So the Coyotes paid a small price in the form of a sixth-rounder in next years draft to make it happen and not worry about paying a free-agent premium or losing Gagner to another team. "It came together in a hurry," Maloney said. "I think theres three of us that feel pretty good about our day so far." None of the three general managers involved in Gagners moves Sunday are finished. MacTavish shipping Gagner out of Edmonton, though, was no small step forward in his retooling effort. Gagner, the sixth overall pick in 2007, seemed to be just outside the Oilers core, which includes Taylor Hall, Ryan Nugent-Hopkiins and Jordan Eberle. Deatrich Wise Jr. Jersey. . He has 295 points in 481 games, all with the Oilers, including 10 goals and 27 assists last season. That kind of production isnt something Gagner is proud of and is hoping for a bounce-back season. The setting for that will now be the Arizona desert. Edmonton moving on from Gagner wasnt terribly surprising to him, given the franchises playoff drought that pre-dates his entering the league. "You have to expect things to happen when the team hasnt done well," Gagner said on a conference call. "Theres going to be change when things dont go well. I expected that at some point I might be part of it." Drafting big German centre Leon Draisaitl third overall Friday night might have been enough to convince MacTavish it was time to move Gagner. "I think (Draisaitl) helps us fill a need, gives us an opportunity to have a strong centreman with some size that can play ahead of or behind the Nuge, whatever way it works, and well give him that opportunity," director of amateur scouting Stu MacGregor said Saturday in Philadelphia. In Arizona, Gagner will get the opportunity to replace Mike Ribeiro, who was bought out of the final four seasons of his contract for what Maloney called "behavioural issues." Gagner should get power-play time and a chance to provide the hard-working, well-coached Coyotes with an offensive spark. "We got him for his offensive instincts and creativity," Maloney said. "Players can learn to play better defence. Its very difficult to learn to be more intelligent and more creative." At 24, Gagner could still have room to grow. Maloney hopes he can become more than just a 40-to-50-point player along the way. Thats what Gagner was with the Oilers, who did not make the playoffs in any of his seven NHL seasons. He would have liked things to work out in Edmonton but understood something had to give when they didnt. "We didnt have much success as a team and theres going to be a lot of changes that comes from that," he said. "It doesnt work out everywhere all the time." It wasnt going to work out in Tampa, where the Lightning were manoeuvring for free agency with a series of moves Sunday. In addition to sending Purcell to Edmonton and Gagner and Crombeen to Arizona, they traded forward Nate Thompson and his $1.6-million cap hit to the Anaheim Ducks for fourth- and seventh-round picks in next years draft. All told and including retaining a portion of Gagners salary, Tampa Bay cleared $5.65 million in cap space. Its believed that Yzerman is looking for a right-handed-shooting defenceman and could also be targeting a winger to play alongside Steven Stamkos. That will have to wait until Tuesday when teams are able to sign free agents. By the time Sunday was over, three teams got to be satisfied with their respective hauls. "Obviously Edmonton got what they needed, what they wanted and a real talented player in Teddy Purcell," Maloney said. "Tampa received what they needed to free up a lot of cap space, they get a draft asset and we got what we wanted, and were searching for is a young, skilled centre-iceman in Sam Gagner and really a guy weve coveted for a while in B.J. Crombeen." Wholesale Jerseys 2020 Discount NFL Jerseys Cheap Jerseys Store Cheap Jerseys Wholesale Wholesale Jerseys 2020 Wholesale Jerseys Free Shipping Cheap Jerseys 2019 ' ' '

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