Sie sind vermutlich noch nicht im Forum angemeldet - Klicken Sie hier um sich kostenlos anzumelden  
Chrisbi's Forum
Sie können sich hier anmelden
Dieses Thema hat 0 Antworten
und wurde 93 mal aufgerufen
 HTML
jokergreen0220 Offline



Beiträge: 2.580

04.09.2018 07:59
Thursday in Pretoria, South Africa, Oscar Pistorius was to learn his fate. [url=http://www.cheapfalconsjerseyselite.com/?tag=che Antworten

Thursday in Pretoria, South Africa, Oscar Pistorius was to learn his fate. Cheap Deion Sanders Jersey . Instead, he only got part of the story from Judge Masipa. Pistorius will return to Court on Friday to learn whether he will be convicted for killing Reeva Steenkamp. So what happened Thursday? Lets break it down. The Charges The issue being determined at trial was whether Pistorius killed Steenkamp intentionally, or as Pistorius alleged, he killed her by accident believing her to be an intruder. There were three layers of charges for the Judge to consider: premeditated murder, murder and culpable homicide. Judge Masipas job was to start with the most severe charge (premeditated murder), and if the prosecution failed on that one, move on to the next charge. Premeditated Murder Premeditated murder requires intent to murder plus planning the murder. Premeditation is reserved for robust planning and doesnt capture an intent that materialized right before a crime was committed. In order to establish this charge, you need some planning ahead of time. Judge Masipa correctly concluded that Pistorius should not be convicted of premeditated murder. Frankly, there was no chance the prosecution was going to meet with success on this one. While this was a domestic dispute gone terribly wrong, there was no planning element. On to the next charge. Murder Since there was no conviction on premeditated murder, Judge Masipa went on to consider the next charge on her list, namely, murder. To make out murder, the prosecution had to show that Pistorius intended to kill Steenkamp that night. So its like premeditated murder without the planning component. This is where Judge Masipa surprised a lot of people (and got it wrong in my opinion). The totality of the evidence supported intent. However, Judge Masipa did not see it that way and opined that the prosecution failed to establish that Pistorius intended to kill his girlfriend. She went on to conclude that "on the murder charge, the evidence is purely circumstantial." Judge Masipa is correct that the evidence was "purely circumstantial," However, circumstantial evidence gets a bad rap. Convictions in the majority of criminal cases are secured by relying on circumstantial evidence (or evidence that relies on an inference to connect it to a conclusion of fact). Its unusual to get a confession or other direct evidence. This is why you look to the circumstances. The prosecution led by lawyer Gerry Nel presented strong evidence supporting intent. The prosecution called a number of witnesses, including Michelle Burger, Charl Johnson, Dr. Johan Stipp and Estelle van der Merwe, who testified that the lights were on and they heard arguing and screaming. Stipp recounted that he heard female screams that sounded like a woman "scared out of her mind." Burger described female screams as "petrifying" and added this: "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." This is important evidence because Pistorius alleged all along that the couple never talked after they went to bed at 10pm and the room remained dark. This is just the tip of the Pistorius iceberg. For an in-depth review of the evidence, please click here and here to read my previous articles on Pistorius. I also analyzed Pistorius testimony on my TSN radio show Offside. For that, click here and here to listen to my review of the case. Ultimately, in view of the evidence as a whole, it is exceedingly difficult to agree with her conclusion. Third and final charge: Culpable Homicide After Judge Masipa cleared Pistorius on premeditated murder and murder, she moved on to the third and final charge: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that the killing was an accident). In a brief afternoon session, Judge Masipa addressed the test for culpable homicide: what would a reasonable person do in the same circumstances? Judge Masipa found that Pistorius had other options with respect to dealing with the perceived threat. He could have called security for help, which would have taken less time than shooting through the bathroom door four times. As well, when the intruder entered the bathroom, he was actually closer to the balcony and could have used that opportunity to call for help. Judge Masipa then concluded that Pistorius was indeed negligent: "Pistorius had time to think and consider his actions. Im satisfied his actions werent that of a reasonable person. He acted too hastily and used excessive force. His conduct was negligent." Just as Judge Masipa was prepared to announce her decision on culpable homicide (which seemed like a conviction), she adjourned for the day. It was only 2:28pm; there was still time. It was an abrupt end reminiscent of The Sopranos series finale. Friday Judge Masipa will return to court on Friday to reveal her ruling on culpable homicide (as well as the lesser gun charges). Then, and only then, will we know if Pistorius will be convicted. Prison Time and Sentencing Premeditated murder calls for a compulsory life sentence, while murder results in a compulsory sentence of 15 years. But that doesnt matter any longer since these charges have been tossed. On culpable homicide, the legislation does not provide for specific prison time. Rather, 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. Still, given its discretionary nature, it is possible that Pistorius will not face any prison time. As I noted in my @EricOnSportsLaw Twitter account, its possible that Judge Masipa adjourned early to allow the sides to reach a deal. Just an unenthusiastic theory though. Ultimately, this would be a surprise development. If Pistorius is convicted on Friday, he will not be sentenced. That happens later at a sentencing hearing, where both side argue as to the suitable length of Pistorius jail time. Cheap Tony Gonzalez Jersey .com) - The Chicago White Sox have officially announced that the club has agreed to terms with utilityman Emilio Bonifacio on a one-year, $4 million contract that includes a team option for the 2016 season. Cheap Duke Riley Jersey . Canada will host Japan in a World Group first-round match in 2015. It will be a rematch of their first-round clash last year when Japan defeated Canada 4-1 to reach the World Group quarter-finals for the first time in its history. http://www.cheapfalconsjerseyselite.com/?tag=cheap-justin-hardy-jersey .Y. -- Sore nose and all, Sidney Crosby had a goal and three assists to help Pittsburgh beat Buffalo 5-3 on Friday night, snapping the Penguins mini-slump and slowing the Sabres late-season surge.Philadelphia, PA (SportsNetwork.com) - If Richmond is this good in November, imagine what the Spiders could accomplish in December. Such prospect would mean Richmond is playing in the postseason, and Saturdays one-point win over then-No. 4 Villanova strengthened the Spiders bid for their first FCS playoff appearance since 2009. On Monday, the Spiders moved up five spots to No. 8 in The Sports Network FCS Top 25 - their highest ranking in over three years. With New Hampshire remaining at No. 2 and Villanova at No. 7, CAA Football has three of the top eight teams in the poll. Richmond (7-2, 4-1) would love to go into the playoffs with the CAAs automatic bid, but the Spiders need some help over the final three Saturdays of the regular season. They are one game behind first-place New Hampshire in the standings and lost the head-to-head meeting on Sept. 20. But they hold the head-to-head advantage over Villanova. As the Spiders try to play their way into the 24-team playoffs - the CAA figures to receive multiple at-large bids in addition to the automatic qualifier - they will need continued success this month. They are 8-0 in November games under third-year coach Danny Rocco, who also had plenty of success in the month when he coached Liberty for six seasons prior to arriving at Richmond. Opponents have been caught in the Spiders web recently as they have allowed only 19 points combined in their last three games. In the 10-9 win over Villanova, linebacker Omar Howard, the Co-CAA Defensive Player of the Week, had 18 tackles and one sack of Wildcats quarterback John Robertson, a five-time CAA offensive player of the week who had his worst game of the season. I thought it was a signature win for our season, Rocco said Monday. Obviously, we have to continue to find ways to win and be successful. This is a more veteran team than weve had since Ive been here. And I think they recognize the significance of the moment. Guys have really stepped into new roles and have played at a really high level for us. Richmond hasnt dwelled on injuries to key some players, including quarterback Michael Strauss and wide receiver Stephen Barnette. Rocco has turned to his nephew Michael at quarterback, and the redshirt senior is 3-0 as the starter, which isnt surprising considering he made 21 career starts at Virginia before he transferred to Richmond in spring 2013. On Saturday, the Spiders hope to continue to make it a November to remember when they traavel to Maine, the 2013 CAA champion. Cheap Atlanta Falcons Jerseys. . North Dakota State (9-0), the three-time reigning FCS national champion, remained the unanimous No. 1 in the rankings (all 164 first-place votes) after posting a 37-17 victory over South Dakota State on Saturday. First-year coach Chris Kliemans Bison have won an FCS-record 33 straight games since 2012 and are one of three unbeaten teams remaining this season (Coastal Carolina and Harvard are the other two). After NDSU, the rest of the Top 10 was No. 2 New Hampshire (7-1), No. 3 Coastal Carolina (9-0), No. 4 Jacksonville State (7-1), No. 5 Eastern Washington (8-2), No. 6 McNeese State (6-2), No. 7 Villanova (7-2), Richmond, No. 9 Fordham (8-1) and No. 10 Youngstown State (7-2). Montana moved up to No. 11 in advance of its huge game in the Big Sky Conference Saturday on the road against Eastern Washington. Then it was No. 12 Illinois State (7-1), No. 13 Chattanooga (6-3), No. 14 Southeastern Louisiana (6-3), No. 15 Montana State (6-3), No. 16 Eastern Kentucky (8-1), No. 17 Indiana State (6-3), No. 18 Harvard (7-0), No. 19 Northern Iowa (5-4) and No. 20 Bethune-Cookman (7-2). Rounding out the Top 25 were No. 21 Cal Poly (6-3), which entered the rankings for the first time this season following its recent back-to-back sweep of Montana and Montana State; No. 22 South Dakota State (5-4); No. 23 Bryant (7-1); No. 24 William & Mary (5-4); and No. 25 Northern Arizona (6-3), which re-entered after a six-week absence. Albany and Stephen F. Austin fell out of the Top 25 after suffering losses on Saturday. Led by North Dakota State, the Missouri Valley Football Conference had the most teams in the Top 25 with six, followed by the Big Sky with five and the CAA with four. Eleven of the 13 FCS conferences had at least one team in the rankings. A national panel of sports information and media relations directors, broadcasters, writers and other dignitaries select the Top 25. In the voting, a first-place vote is worth 25 points, a second-place vote 24 points, all the way down to one point for a 25th-place vote. During the regular season, the Top 25 will be released every Monday afternoon, except for the final weekend of the regular season, when it will be released Sunday morning, Nov. 23, prior to the selection of the 24-team FCS playoff field. The Sports Network will release a final Top 25 following the FCS championship game, which will be held Jan. 10 in Frisco, Texas. Cheap Steelers Jerseys Cheap Patriots Jerseys Cheap Bills Jerseys Cheap Jets Jerseys Cheap Giants Jerseys Cheap Redskins Jerseys Cheap Bears Jerseys Cheap Eagles Jerseys Cheap Cardinals Jerseys Cheap Jaguars Jerseys Cheap Raiders Jerseys Cheap Dolphins Jerseys Cheap Panthers Jerseys Cheap Lions Jerseys Cheap Browns Jerseys ' ' '

 Sprung  
Chrisbi's Forum
Xobor Erstelle ein eigenes Forum mit Xobor
Datenschutz