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13.11.2019 07:47
experiencing feelings of anguish and accountability Antworten

The Oscar Pistorius trial has resumed following a month long break. Cheap Jerseys . 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. Authentic Jerseys . Algeria led 3-0 at halftime, but withstood a stronger South Korean second half performance to claim its first World Cup win since 1982 and move into second place in Group H with one match left to play. Defeat for South Korea means it must now beat already-qualified Belgium to stand a chance of progressing to the knockout stages. College Jerseys . -- So much for concern that running back Marshawn Lynch would be absent from the Seattle Seahawks minicamp. https://www.cheapjerseysjustwholesale.com/ . Its not intended to be some magical formula and doesnt apply any context, like, for example, taking injuries into account. This remedial statistical method has gone 9-5 in picks through the first three rounds.MONTREAL -- Racing fans can expect the annual revving of high-speed engines at Circuit Gilles Villeneuve for at least another decade, as the Formula One Group reached an agreement worth more than $200 million to bring the Canadian Grand Prix back to Montreal through 2024. The Grand Prixs future in Montreal was secured with the help of substantial governmental investment: $62 million from the federal government, $50 million from Quebec, $62 million from Tourisme Montreal and at least $32 million from the City of Montreal. Montreal mayor Denis Coderre was on hand at the racetrack on Ile Sainte-Helene for the announcement on Saturday morning, alongside ministers of infrastructure and transport from the provincial and federal governments. "This is the place to be this weekend, and this is the place to be for the next 10 years," said Coderre, who worked on the deal for several months with Formula One. "The Canadian Grand Prix is part and parcel of Montreal. It is one of the big international events that builds on Montreals outstanding reputation and ranks it among the worlds great cities." As a condition to the agreements success, the City of Montreal also agreed to renovate the track, including making improvements to the team paddocks, the control tower, and the on-site medical centre, for which it will spend $25 million to $40 million. Coderre promised work would begin this fall and would be completed in time for the 2017 Canadian Grand Prix. "The importance of this showcase to Montreal is beyond measure," said the mayor. "If Montreal wants to present itself as a metropolis, and join the ranks of other great cities around the world, we have to maintain this high level of authority. Its our signature. Its part of our DNA. It is one of the big international events that builds on Montreals outstanding reputation." The deal is big. Montreals Formula One weekend attracts visitors from around the world, and repeatedly rakes in roughly $70 million to $90 million a year. It is broadcast in 150 countries and watched by approximately 300 million viewers worldwide. And its not just great for the City of Montreal, says former-F1 champiion Jacques Villeneuve. Cheap Authentic Jerseys. . Beyond the dollars and cents, Villeneuve believes the track named after his father is simply one of the most exciting in the world from a racing standpoint. "Its great for the teams and the drivers because its a fun track," he said on Friday in anticipation of the announcement. "Its a good venue. Everybody likes coming here. They come in a few days early. Its party time all week. Theres good energy." Villeneuve ranked Montreal as one of the top-four racing destinations, together with Monaco, Melbourne, and Singapore. "Its one of the few races that look different, where theres action," he said. "If you look at the modern tracks, you could be anywhere. They all look the same. And you fall asleep on your couch. Its one of those few that you need to keep on the calendar to keep Formula One special." Circuit Gilles Villeneuve -- all 4.3 kilometres of it -- is known for its sharp hairpin turn after the pit area, early safety cars, its tight Senna curves, and the kilometre-long straightaway along the Olympic basin that allows for speeds up to 300 kilometres per hour. Red Bulls Sebastian Vettel, who finished third behind Mercedes drivers Lewis Hamilton and Nico Rosberg in Saturdays qualifying session, says Montreal is one of his favourite races of the year. "Its one of the few places in the calendar where the whole city really parties all weekend long and embraces the Grand Prix and really appreciates it," he said. "For us, thats a great feeling, to stand on the grid and have so many fans during the drivers parade and when you race. Seeing the full grandstands makes your job extra special." "Its a great track, the fans are fantastic, so enthusiastic," added Rosberg. "Im very happy and Im sure everybody else is that well be coming here more often in the future." Notes: This year marks the 35th running of the Canadian Grand Prix in Montreal. The race gets underway Sunday afternoon. a In 2009, Montreal was removed from the F1 season when the provincial government refused to pay more to renew the race. The event returned the following year. ' ' '

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