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jinshuiqian0713 Offline



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28.02.2019 06:40
lead in the 36th when Antworten

The Oscar Pistorius murder trial is underway. Wei-Yin Chen Jersey . On the first day of trial, Michelle Burger, a neighbour of Pistorius, took the stand and set the stage for the prosecutions case. She testified that she heard Reeva Steenkamp cry for help. "I was sitting in bed and I heard her screams," Burger testified. "She screamed terribly and she yelled for help. I heard the screams again. It was worse. It was more intense. Just after her screams, I heard four shots. Four gun-shots... You could hear it was blood curdling screams. You cant translate it into words. The anxiousness in her voice, and fear. It leaves you cold. She screamed terribly and she yelled for help." We know that Pistorius has admitted to killing Steenkamp. The issue being determined at trial is whether he killed her intentionally, or as Pistorius alleges, he killed her by accident. This is his version: "During the early hours of the morning I brought two fans in from the balcony. I had shortly before spoken to Reeva who was in bed beside me. Unbeknown to me, Reeva must have gone to the toilet in the bathroom at the time I brought in the fans, closed the sliding doors and drew the blinds and the curtains. I heard the bathroom window sliding open, I believed that an intruder or intruders had entered the bathroom through the bathroom window which was not fitted with burglar bars. I approached the bathroom armed with my firearm, so as to defend Reeva and I. At that time I believed Reeva was still in the bed. The discharging of my firearm was precipitated by a noise in the toilet which I, in my fearful state, knowing I was on my stumps, unable to run away or properly defend myself physically believed to be the intruder or intruders coming out of the toilet to attack Reeva and me." So lets address some of the more important parts of the trial. Understanding the Charges The key charge against Pistorius is premeditated murder. Premeditated murder requires an intent to murder plus planning the murder. Based upon what we know, expect the prosecution to have a tough time establishing premeditated murder. As support for the charge, the prosecution will argue that the act was planned (or premeditated) since he took the time to put on his prosthetic legs before walking to the bathroom and firing four deadly shots. However, that by itself wont likely be enough to establish the requisite planning element. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. For those that like precedents, in the case of State v. Raath, a South African Court ruled that a father forcing his son to remove a firearm from the safe to kill the sons mother was not sufficient to constitute premeditated murder. However, that doesnt mean Pistorius walks. Not even close. 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 the killing was an accident). And this is what Pistorius is alleging - he killed Steenkamp by accident. He thought she was an intruder. Prison Time 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. No Jury System & Judge Masipa South Africa does not have a jury system. Juries at times render unexpected or unusual decisions. They can also be swayed by public sentiment and emotion, while also potentially distracted by celebrity and irrelevant facts. A judge, however, is more likely to focus on the facts and make a ruling based upon those facts. The judge is charged with ensuring a just result and on that basis, will carefully review and consider all the facts of a case. Judge Thokozile Masipa is presiding over the trial. Masipa has a reputation for being tough on cases that involve crimes against women. In May 2013, Masipa ordered serial rapist Shepherd Moyo to serve a jail sentence of 252 year sentence. She hoped the sentence would serve as a "deterrent." Given her intolerance for violence against women, Judge Masipa is perhaps not the ideal judge for Pistorius. South Africa, by the way, has the highest reported rate globally of females murdered by shooting in a country not engaged in war. Thats another reason this case matters. The Case The trial has only just begun. More witnesses will testify and further evidence will be presented. So its tough to know how this will end for Pistorius. Still, there are a number of improbabilities with Pistorius version of the events. How did he not know Steenkamp was not in bed when he walked right by her? Wouldnt Steenkamp have yelled in the bathroom after the first shot was discharged? As well, witnesses have reported seeing the lights on, contradicting Pistorius account that it was pitch dark in his room. As well, Steenkamps wounds suggest she was not sitting on toilet on left hand side of bathroom but rather on right side of bathroom. This suggests she was hiding from Pistorius. Also key is whether Pistorius and Steenkamp argued that night. The prosecution has already produced witnesses who testified that they heard shouting and screaming. This helps the prosecutions argument that this was a quarrel that tragically escalated to murder. As well, the couples mobile phone records could provide helpful insight as to what happened that night. Steenkamp is said to have had her phone with her in the bathroom when she was shot. Was she contacting the authorities or friends for help as an enraged Pistorius charged toward her? It is unusual for someone to take their phone to the bathroom in the middle of the night (unless they feel threatened) and the prosecution will undoubtedly raise that. There is more. Pistorius told authorities he could not remember the password to his own cell phone. As a result, authorities took the phone to Apple headquarters to have it unlocked. This raises the possibility that Pistorius may have been hiding incriminating messages. Forensic evidence will also be presented, which can be quite effective in piecing together what really happened that night. For example, each drop of blood in the bathroom can help determine if Steenkamp was sitting, standing or moving at the time she was shot. Pistorius rage issues will also come into play. As for the defence, they will argue that the shooting was a tragic mistake - but a mistake nonetheless. They will also focus on contradictions and inconsistencies in statements made by witnesses to police and their answers in court. In fact they have started challenging witnesses, attacking not only their recollection of events, but also the plausibility of their claims that they could hear the couple argue from their homes. Pistorius claims lack believability and veracity. Ultimately, it would not be a surprise to see Pistorius convicted of murder and sentenced to 15 years in jail, particularly with a Judge like Masipa presiding over the trial. That being said, there is still a lot of track to cover and much evidence to consider. Still, Pistorius is facing an uphill battle. Brian Anderson Jersey . TSN 1290s Jordan Cieciwa, Big Marv and Toby are here to give their predictions on who will leave with the belt and who will take some of the other key bouts on the card. Johny Hendricks vs. Starlin Castro Jersey . For one, he still gets to crank the intensity to the max. "I push pretty angry. I ran pretty angry too though, but I have fun doing it," Lumsden said. http://www.marlinsteamproshop.com/Marlins-Martin-Prado-Kids-Jersey/ . -- The Toronto Maple Leafs are tightening the race for second place in the Atlantic Division.MALABO, Equatorial Guinea - Both the Ivory Coast and Cameroon came into the day as big favourites at the African Cup of Nations, and both finished it happy just to avoid losing.The Ivorians got a late equalizer from Seydou Doumbia — shortly after Gervinho was sent off with a straight red card — to earn a 1-1 draw with Guinea on Tuesday at Malabo Stadium.A short time later at the same venue, it was Cameroon that needed a late goal from Ambroise Oyongo to hold on for a 1-1 draw against Mali.We bounced back. Its a good point for us, said Ivory Coast captain Yaya Toure, who recently won his fourth African player of the year award. We have a couple of games coming, and I hope we will do well in them.The draws leave all four teams in Group D with one point. On Saturday, Ivory Coast will take on Mali and Cameroon will face Guinea.Gervinho had been Ivory Coasts best player, or least the one with the best chances, until a scuffle with Baissama Sankoh during an off-the-ball incident earned him a straight red in the 57th minute.With 10 men it was very hard, said Ivory Coast coach Herve Renard, who led Zambia to the African Cup title in 2012. I think the players did very well in the different organization (after the sending off).Doumbia, who came on in the 66th as the tactics changed, scored from in front of goal in the 72nd after a pass from Wilfried Bony. Justin Bour Jersey. Toure was the one who started the play.Guinea had taken the lead in the 36th when Ibrahima Traore crossed to Mohamed Yattara.Traore then had a chance to double the lead in the 61st but his shot hit the crossbar.Were not happy, because we know we could win this game, Traore said. Were going to keep working hard. At the end we will win and we will qualify, because as I said we are not afraid of anyone.In the second match, Oyongo latched onto to a long pass from Raoul Loe in the 84th and beat Mali goalkeeper Soumaila Diakite in a fast-paced game that had several missed chances at both ends.Sambou Yatabare had given Mali a surprising lead in the 71st, controling the ball with his chest and scoring from a tight angle after a free kick on the other side of the field.The manner we played this match, especially the second half, it was the manner to win the game, Cameroon coach Volker Finke said. The goal of Mali was a matter of concentration. The players were not concentrated.Cameroon, which conceded only one goal in qualifying, had chances earlier in the game but lacked quality finishing.One of the more entertaining moments came in the 57th minute when Cameroon forward Edgar Salli bounced the ball several times on his head to evade defenders but was eventually brought down just outside the box. 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