Pistorius. Guilty or not?
Apr 26th 2014 | 12:05 pm
#271
Lost in BE Cyberspace
Joined: Oct 2005
Posts: 16,623
From: Hill overlooking the SE Melbourne suburbs
Re: Pistorius. Guilty or not?
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.
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.
Apr 26th 2014 | 12:14 pm
#272
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
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).
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).
Apr 26th 2014 | 9:28 pm
#273
Crazy Cat Lady
Joined: Apr 2004
Posts: 65,493
Re: Pistorius. Guilty or not?
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.
Apr 26th 2014 | 9:38 pm
#274
Joined on April fools day
Joined: Mar 2012
Posts: 10,644
From: 30 miles from a decent grocery store.
Re: Pistorius. Guilty or not?
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.
Apr 26th 2014 | 10:27 pm
#275
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
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.
Apr 26th 2014 | 10:29 pm
#276
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
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.
Apr 27th 2014 | 1:21 am
#277
Nuts and Bolts
Joined: Sep 2006
Posts: 2,116
From: Palm Tree in the Snow
Re: Pistorius. Guilty or not?
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.
Apr 27th 2014 | 8:55 am
#279
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
If I liked guns, had a history of being reckless, and only had a couple of stumps as legs, running may be no go. I don't know, wasn't there, anyhow, how does this prove murder?
Apr 27th 2014 | 9:14 am
#280
Banned
Joined: Aug 2008
Posts: 22,348
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.
Apr 27th 2014 | 9:37 am
#281
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
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.
Apr 27th 2014 | 10:11 am
#282
Banned
Joined: Aug 2008
Posts: 22,348
Re: Pistorius. Guilty or not?
But nice to see that you're beginning to harmonise your opinions with mine
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.
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.
Apr 27th 2014 | 11:32 am
#283
Lost in BE Cyberspace
Joined: Dec 2010
Posts: 14,040
Re: Pistorius. Guilty or not?
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
http://www.washingtontimes.com/news/...h-african-law/
But nice to see that you're beginning to harmonise your opinions with mine
http://www.washingtontimes.com/news/...h-african-law/
