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Re: Pistorius. Guilty or not?
Originally Posted by Bernieboy
(Post 11234516)
The first shot was lucky,he fired at her 'head',continued on when he knew she was falling,n got lucky again,2 shots killed her,enough said.
Originally Posted by Beoz
(Post 11234702)
I believe he will be done for culpable homicide with a lot of neglect. There's too much reasonable doubt to go with murder.
That's the point I've been making all along and it seems like you now agree. You have as much evidence as the judge so if your gut feels he committed murder but your head says manslaughter then run with the big organ at the top of your body. |
Re: Pistorius. Guilty or not?
Originally Posted by BadgeIsBack
(Post 11235684)
Absolutely - I don't think the prosecution can really prove that he adjusted his shot for her falling. It woud be hard for anyone.
The point about culpability along with negligence to say nothing of recklessness (a UK view) is the point I subscribe to as well. He was reckless in the act - (and has been proven negligent in the past). |
Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11235692)
And that's a point. Previous history of being reckless suggests that is just what he is, rather than a murderer.
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Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11235692)
And that's a point. Previous history of being reckless suggests that is just what he is, rather than a murderer.
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Re: Pistorius. Guilty or not?
Originally Posted by moneypenny20
(Post 11236049)
But surely, purely by his recklessness in this respect, he put bullets in a live person who then died so he is a murderer? Regardless of whether he did it by accident or on purpose.
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Re: Pistorius. Guilty or not?
Originally Posted by Beaverstate
(Post 11236059)
I have not been following this thread but have followed the story. Its damning when you fire 4 times "Accidentally" through a closed door. I also believe he was arguing/fighting with her. My opinion makes no difference and I have no vote, but even in the US he would be convicted of something. I believe its jealous filled rage murder.
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Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11236101)
I believe if it were an accident it would be the equivalent of manslaughter or culpuble homicide as its called in South Africa. But you have a point. He did intend to shoot something behind the door, but I believe his argument is self defense.
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Re: Pistorius. Guilty or not?
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Re: Pistorius. Guilty or not?
Originally Posted by Tegwyn
(Post 11236269)
Just how threatened are you to shoot someone FOUR times behind a locked door? Then you take a bat to smash open the door to open it so you can face the supposed threatening intruder! Would you not run thinking you have time to escape from the supposed threat.
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Re: Pistorius. Guilty or not?
It all seems to hinge on the push-pull of the two words: "reasonably believe" - Both for the defence who is claiming that Pistorius reasonably believed he was shooting intruders and the prosecution who is saying no-one can reasonably believe Pistorius' story.
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Re: Pistorius. Guilty or not?
Originally Posted by paulry
(Post 11236702)
It all seems to hinge on the push-pull of the two words: "reasonably believe" - Both for the defence who is claiming that Pistorius reasonably believed he was shooting intruders and the prosecution who is saying no-one can reasonably believe Pistorius' story.
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Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11236724)
Exactly. So then the prosecution needs to come up with a believable set of events. If they cannot then it can't be murder. It will just have to default back to culpable homicide one would think.
But nice to see that you're beginning to harmonise your opinions with mine :p http://www.washingtontimes.com/news/...h-african-law/ Pistorious faces the challenge of convincing an experienced judge that he made an honest mistake in believing that he was firing at an intruder. But even if Pistorious passes the subjective test of convincing the judge that his mistake was honest — that he personally believed he was firing at an intruder — and he is acquitted of murder, the Paralympic star must overcome a higher burden, the objective test of convincing the judge that his mistake was reasonable — one that an ordinary person would also make. |
Re: Pistorius. Guilty or not?
Originally Posted by paulry
(Post 11236772)
I understand that the onus is more on the defence to convince their version of reasonable belief than it is on the prosecution to convince theirs
But nice to see that you're beginning to harmonise your opinions with mine :p http://www.washingtontimes.com/news/...h-african-law/ |
Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11236673)
and only had a couple of stumps as legs, running may be no go. ?
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Re: Pistorius. Guilty or not?
Originally Posted by Beoz
(Post 11236673)
If I liked guns, had a history of being reckless
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