Oscar Pistorius to be sentenced today

October 21, 2014

Tuesday, October 21, 2014

Good morning:

Judge Masipa will sentence Oscar Pistorius in about 30 minutes.

Will she sentence him to three years home confinement in a mansion with a pool because he has a disability and is wealthy according to the recommendation of his lawyer, Barry Roux, or will she sentence him to prison.

Watch and comment.

Oscar Pistorius Sentencing: 17 October 2014

October 17, 2014

Friday, October 17, 2014

Good morning:

We have final arguments in the Oscar Pistorius sentencing.

Watch the proceedings and join us in the comments.

Gerrie Nel recommended 10 years in prison.

FYI: Judge Healey will sentence Michael Dunn at 10:30 am EDT

I will put up a new post so that we can watch the livestream and comment.

Oscar Pistorius Sentencing: 16 October 2014

October 16, 2014

Thursday, October 16, 2014

Good morning:

Welcome to the fourth day of the Oscar Pistorius sentencing hearing. Reeva Steenkamp’s cousin, Kim Martin, will be back on the stand resuming her testimony regarding Reeva Steenkamp and the impact of her death on her family.

Watch the livestream and join us in the comments.

Session 1

Oscar Pistorius: The four legal rules that determine his legal responsibilities

October 15, 2014

Wednesday, October 15, 2014

Good evening:

I do not agree with Judge Masipa’s reasoning and I write to clear up confusion.

There are four legal rules involved in determining Oscar Pistorius’s legal responsibility for Reeva Steenkamp’s death.

1) Dolus eventualis;
2) Transferred intent;
3) Presumption of innocence; and
4) Self-Defense.

Dolus eventualis basically means that a person intends the natural and probable consequences of their acts because they are reasonably foreseeable.

Death was a natural and probable consequence to anyone, regardless of their identity, who was behind the wooden door in a confined area with nowhere to hide like the toilet cubicle in Oscar Pistorius’s house, when he fired 4 shots at point blank range with a 9 mm semiautomatic loaded with Black Talon ammunition through the door. For that reason, that consequence should have been reasonably foreseeable to Pistorius when he fired the shots.

Transferred intent means that, even if Pistorius did not intend to kill Reeva and he believed an intruder was behind the door when he fired the shots, his intent to kill the intruder transfers by operation of law to intent to kill her.

The presumption of innocence means that a person cannot be convicted solely on the basis of a presumption that he intended to kill the person behind the door. There must be actual evidence that he intended to kill.

Here, there is circumstantial evidence that he intended to kill based on the type of ammunition used, the number of shots, their spacing and trajectory, and finally the distance from which the shots were fired.

Finally, self-defense can be ruled out because the person behind the door did not threaten to kill Pistorius and did not attempt to open the door and attack him. Therefore, he was not in imminent danger of death or serious injury when he fired the shots. His use of deadly force was not reasonably necessary.

Therefore, whether he actually intended to kill Reeva is not relevant to the issue of guilt, although it may be a relevant consideration at sentencing.

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Oscar Pistorius Sentencing: 15 October 2014

October 15, 2014

Wednesday, October 15, 2014

Good morning:

Here we go again: Welcome to Day 3 of the Oscar Pistorius sentencing.

The defense has been presenting a summary of St. Oscar’s Greatest Hits in support of a recommendation of 3 years home detention in a mansion with a swimming pool. A defense psychologist and a social worker have testified that he’s a broken man and doing time would destroy him.

Surprising revelation yesterday: Pistorius offered to pay the Steenkamps the equivalent of $34,000 but they rejected his offer as “blood money” and announced they do not intend to sue him for killing her. They just want justice for Reeva.

We have not heard much about her. That will change when the prosecution makes its presentation.

Watch the livestream and comment below.

Session 1

Session 2

Oscar Pistorius Sentencing: 14 October 2014

October 14, 2014

Tuesday, October 14, 2014

Good morning:

Welcome to the second day of arguments in the Oscar Pistorius sentencing.

Follow along with the live stream and comment below.

Session 1

I hope everyone stops non-essential activities and watches the afternoon session because it’s likely to be something that will be watched and commented about for many years.

The Issue: Whether we as a society should make an exception to how we treat convicted killers who are rich and privileged versus how we treat everyone else?

Nel appears tired and scattered. He needs to get his shit together and go for it during the afternoon session. If he rises to the occasion, this afternoon session will be memorable.

Session 2

Oscar Pistorius Sentencing Hearing Live

October 13, 2014

Monday, October 13, 2014

Good morning:

Watch the Oscar Pistorius sentencing hearing live and join us in the comments below.

Session 1

Session 2

Session 3