The Oscar Pistorius Trial: Guilty of Murder or a Tragic Case of Mistaken Identity?

[Bonezstorm]

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O.J. Simpson? Rae Carruth? :dunno:

Still don't think he's getting jailed

 

[Rey C.]

Even here, I wouldn't see him being convicted of first degree murder. But I don't know anything about South Africa's legal system. Do they have second degree murder or manslaughter there?

 

[wigster]

He's facing a number of charges Premeditated Murder, Murder and Negligent Homicide. If found guilty of Premeditated Murder he faces life in prison, Murder I think it's between 15 - 25 years, and Negligent Homicide is up to the Judge.

Personally I think he is guilty of Premeditated Murder, If the evidence we've heard from sources is so far correct. In which he heard a noise got up, heard a noise coming from the bathroom then grabbed his gun went to the bathroom and shot through the door 4 times. It's clear from that he made no attempt to discover a) The location of his girlfriend and b) Made no attempt to discover the identity of the individual behind the locked door. He thought it was an intruder, got up and shot them. To me that clearly shows he was intent on killing from the start, and that's why I think he's guilty of Premeditated Murder. Also given his keenness for guns he knew exactly what 4 shots would be capable of doing to a person, IE fatally wounding them. If he wanted to scare them then why not fire just one shot? Why fire 4 shots?.

I am beginning to think he may not of intended to kill his girlfriend though, so far there is a lot of evidence that is beginning to make the witnesses appear that they are unsure of events on that night. There seems to be a lot of "I think I heard this, or it may have been that" from the witnesses. Also it seems clear SO FAR that he was genuinely upset when he discovered it was his girlfriend, and he does appear to have made a lot of effort to help her.

What I think is starting to become clear is that because of his reputation he does not take his actions seriously, and appears to easily try and blame others. The gun going off in the restaurant is a good example of this, trying to get someone else to take the blame because there was a lot of media on him at the time and he didn't want the heat.

Also with the trail what is important to remember is that it is the JUDGES decision, because there is no jury. A judge I would also like to point out that is very hard on crimes against women, how much of a factor will that be in the end?. As I said before I think he is guilty of Premeditated Murder, but he is rich, famous and powerful, certainly enough to make me think he may be found Not Guilty.

 

[sean miguel]

Just based on what I've heard of the case, they got into an argument and he killed her in a fit of rage. Does that qualify as first degree murder, i.e., premeditated?


I understand that this trial is being played out 24/7 in South Africa and they've even started a new tv channel to cover it. But do we, in the states have to suffer through this nonsense as well? I caught a snippet on CNN while flipping through channels and some lawyer stated that they've conducted tests on Pistorius and found that he actually screams like a woman when he's distressed. He's definitely a bitch, but one I think is guilty of murder.

 

[wigster]

Just based on what I've heard of the case, they got into an argument and he killed her in a fit of rage. Does that qualify as first degree murder, i.e., premeditated?


I understand that this trial is being played out 24/7 in South Africa and they've even started a new tv channel to cover it. But do we, in the states have to suffer through this nonsense as well? I caught a snippet on CNN while flipping through channels and some lawyer stated that they've conducted tests on Pistorius and found that he actually screams like a woman when he's distressed. He's definitely a bitch, but one I think is guilty of murder.

I don't think so, as I understand it it is premeditated murder if it was planned. So say for example, they had an argument then he thought right I'm going to kill her later, that's premeditated (Because he planned to kill her). Whereas in your scenario it would have been instinctive and spur of the moment (No planning), so that would be classed as murder. That's what I think anyway but I'm not sure so don't quote me on that.

 

[Gape_Fan]

I kinda feel responsible, as last year I sent Oscar a text saying that seeing as it's Valentine's Day, you should treat your girlfriend by shooting across her face...

 

[sexyjgirl]

Guilty - probably on some performance enhancing drugs, I'd guess. Either that, or he's just nuts.

 

[tartanterrier]

I think he's one of these celebrities that thinks they are above everything else that walks on earth, so going by that, he's a can short of a six pack and is guilty as hell.

 

[Jagger69]

Hey Jagger, just for interest, this is the criminal liability clause from South African law.



So, yes, just like here, the onus is on the state to prove beyond a reasonable doubt that the accused has done bad things. If they can not prove such, the accused is free to go.

The tricky part will be to find an impartial jury. Though I think that will likely be easier there than it would be here.

Thanks Dirk. Good info!

I don't think so, as I understand it it is premeditated murder if it was planned. So say for example, they had an argument then he thought right I'm going to kill her later, that's premeditated (Because he planned to kill her). Whereas in your scenario it would have been instinctive and spur of the moment (No planning), so that would be classed as murder. That's what I think anyway but I'm not sure so don't quote me on that.

Yeah, if that's what happened (a crime of passion), that qualifies as murder 2 (not premeditated) here in the USA. I tend to believe he probably killed her in that fashion as well. The difficulty is proving it. It's not what you know, it's what you can prove. Isn't that a movie quote? Law Abiding Citizen I think. :dunno:

 

[Philbert]

I don't think so, as I understand it it is premeditated murder if it was planned. So say for example, they had an argument then he thought right I'm going to kill her later, that's premeditated (Because he planned to kill her). Whereas in your scenario it would have been instinctive and spur of the moment (No planning), so that would be classed as murder. That's what I think anyway but I'm not sure so don't quote me on that.

If you get into an argument with someone, get really furious, go get a gun and come back shooting...you premeditated getting a gun and shooting someone... all you need is to decide before the moment of murder to do so, and that qualifies..

 

[Philbert]

Reasonable assumptions can prove a person quilty of intent, as most every person living with someone waking up in the early morning and seeing the bathroom door closed and hearing noise coming from inside the bathroom would look down and see the girlfriend (or wife) is not there...ergo, they're in the bathroom.
Most likely the clothed with 2 cell phones with her Reva was trying to call someone for help or to talk after a "I'm leaving you!" fight...and that's why he shot her...she was leaving and he couldn't bear it.
The most common reason for boyfriends to murder their girlfriends. I'm sure...

 

[wigster]

I think Oscar's defense is beginning to fall down very quickly. Today I think it was proved that he was kneeling down when he bashed the door in with the cricket bat, even though he claimed he had his prosthetics on when he bashed the door in. He's also being portrayed as a violent, gun loving individual who lacks responsibility and is quick to blame others.

I don't think it's looking very good for him at the moment, every day that goes by the impression I'm getting more and more is guilty.

 

[Ace Boobtoucher]

http://www.dailymail.co.uk/news/art...torius-NOT-GUILTY-murder-Reeva-Steenkamp.html

 

[luis1972]

Lawyers' stuff

 

[thatbigsecret]

I'm shocked he didn't get capital (essentially) since the judge kept saying 'you were an unreliable witness' etc. Strange times

 

[Johan]

Once again some crazy guy goes away with murder But I guess the NRA is celebrating : 1) Shoot ; 2) Ask is their doctrine, it should even be their motto...