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Source: (consider it) Thread: Pistorius Verdict
quetzalcoatl
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quote:
Originally posted by saysay:
quote:
Crap spouted by Twilight:
* think some people do sleep in loose shorts but it does seem an unusual choice for a young woman with her lover on Valentine's Day.

Not if you're used to living with room-mates or family who you don't necessarily want to be naked in front of.
It reminds me that there was a strange section of the trial, where prosecutor Nel tried to argue that Reeva's jeans lying on the floor incriminate Pistorius. His logic appeared to be that this showed she was about to put them on.

However, Pistorious, reasonably enough, asked why it could not mean that she had taken them off, particularly as they were inside out.

Nel huffs and puffs at this time, and there is some argy bargy about the police having moved them; but it seems rather characteristic of the whole trial - the state case looks rather desperate, and P's story cannot be disproved.

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rolyn
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Didn't P start to try and change his story part way through the trial? This isn't something an innocent party would do if they were being charged with murder, when in fact it was a tragic accident.

If he'd sent just one shot through the bathroom door then maybe his story would have held up. But 4 shots!? Nah, that was never going to work.

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Barnabas62
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The judge criticised Pistorius' evidence-giving in her summary. But not just his. Weighing the various inconsistencies and apparent contradictions of the evidence was one of the challenges she acknowledged that she and the two assessors faced in reaching a verdict.

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Ariel
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quote:
Originally posted by saysay:
quote:
Crap spouted by Twilight:
* think some people do sleep in loose shorts but it does seem an unusual choice for a young woman with her lover on Valentine's Day.

Not if you're used to living with room-mates or family who you don't necessarily want to be naked in front of.
But if you're in bed with the bloke you're currently seeing and haven't been seeing for that long, and there isn't anyone else in the house you need to be careful about? Still seems a bit weird to be dressed.

Well, until we get her side of the story, there's always going to be scope for different interpretations, I guess.

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quetzalcoatl
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quote:
Originally posted by rolyn:
Didn't P start to try and change his story part way through the trial? This isn't something an innocent party would do if they were being charged with murder, when in fact it was a tragic accident.

If he'd sent just one shot through the bathroom door then maybe his story would have held up. But 4 shots!? Nah, that was never going to work.

I don't agree with that, I mean the bit about changing your story. Presumably, P did this under legal advisement; I see this as a way to avoid the middle charge, that is 'foresight of likely death', or however you define it.

Defence counsel probably realized quite quickly (as did everybody else), that the prosecution hadn't a cat in hell's chance of proving intent to murder. So the fall-back would be dolus, which is about foresight.

So the defence began to push involuntary action, which basically is saying that P didn't intend to kill, and had no foresight of death.

The state ran out of steam on intent, (basically they just had no evidence); the second charge (foresight) seems very controversial, and may be the subject of appeal - but the judge cleverly anticipates this by her discussion of objective and subjective foresight.

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rolyn
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quote:
Originally posted by quetzalcoatl:
I don't agree with that, I mean the bit about changing your story. Presumably, P did this under legal advisement; I see this as a way to avoid the middle charge, that is 'foresight of likely death', or however you define it.

Well, put it this way. Say I accidently killed my missis while reversing the car and found myself charged with murder. I would not change my account of event no matter what anyone said, nevermind if they're a lawyer with a funny wig or whatever.

That isn't to say I might not still go to prison for it though. As did Mrs chamberlin over the dingo dog killing her baby. Did she ever once change her story throughout that whole ridiculous ordeal?

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Jane R
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Rolyn, if you accidentally reversed the car over your wife I think you might find yourself changing details of your story; simply because you'd be so traumatised after the event that you wouldn't be able to produce a coherent account of it.

A couple of weeks ago our car was broken into and when the police asked us (the day after it happened) what time the break-in happened our estimates of the time differed by half an hour. My husband's guess turned out to be more accurate than mine, when I thought about it, so I changed my story to agree with his. And that was just the trauma associated with having the car window broken and losing a few (mostly replaceable) items out of it. I suspect my recollections of accidentally killing my Other Half would be even more unreliable.

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Martin60
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OK, WAS the bathroom light broken? How was she 'fully dressed' in 'shorts' - me wearing boxers and a T-shirt is NOT being fully dressed - if her jeans were on the floor?

This is me being open here.

So she WASN'T leaving him? Put our heads on his body, or rather blend us and him and we still wouldn't shoot.

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quetzalcoatl
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quote:
Originally posted by rolyn:
quote:
Originally posted by quetzalcoatl:
I don't agree with that, I mean the bit about changing your story. Presumably, P did this under legal advisement; I see this as a way to avoid the middle charge, that is 'foresight of likely death', or however you define it.

Well, put it this way. Say I accidently killed my missis while reversing the car and found myself charged with murder. I would not change my account of event no matter what anyone said, nevermind if they're a lawyer with a funny wig or whatever.

That isn't to say I might not still go to prison for it though. As did Mrs chamberlin over the dingo dog killing her baby. Did she ever once change her story throughout that whole ridiculous ordeal?

You're ignoring the fact that P was charged with 3 alternative charges: intent to kill; foresight of death (dolus); and culpable homicide.

The defence basically surrendered on the third one, and contested the other two.

But they suspected that intent to murder was impossible to prove; so then they defended against the foresight charge.

One puzzling feature is that Nel seemed to avoid the issue of foresight; I don't know why, maybe because he knew that courts had been instructed not to accept so-called objective foresight, that is, 'he must have realized that death would ensue'.

Anyway, my point is that P had two defences against two different charges. The first - intent to kill - is a slam-dunk for the defence; the second, foresight, is a mine-field, but the judge states that the state has to demonstrate it, not assume it. Maybe an appeal will home in on this.
But it's very difficult to demonstrate a state of mind, unless the defendant shouts 'you're dead, you bastard'. Inferring a state of mind doesn't do it, especially with a very irrational and indeed hysterical individual such as P.

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quetzalcoatl
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quote:
Originally posted by Martin PC not & Ship's Biohazard:
OK, WAS the bathroom light broken? How was she 'fully dressed' in 'shorts' - me wearing boxers and a T-shirt is NOT being fully dressed - if her jeans were on the floor?

This is me being open here.

So she WASN'T leaving him? Put our heads on his body, or rather blend us and him and we still wouldn't shoot.

Well, Martin, basically on the internet, a lot of people have been shooting off their mouths, with very little knowledge of the details.

OK, this is OK, why shouldn't people be prejudiced? It's a free country.

So I think this is different from thinking that P was reckless, and bound to cause death, and so on. Maybe this will go to appeal.

But can anyone really say, she was fully dressed, and her jeans are on the floor? WTF does that mean?

But if he gets 15 years in prison, I doubt there will be an appeal.

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Martin60
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I agree. On the fully dressed in shorts and jeans on the floor. For his own sake he needs banging up to get all the counselling he needs until he accepts and understands, if either are possible, what he did Until we can evolve to be a society (like Norway with its equivalent of the James Bolger killers) which can let such people walk whilst guaranteeing society's safety and their being psychologically redeemed.

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quetzalcoatl
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I realize that I expressed myself inaccurately, replying to rolyn above.

My point is that Pistorius did not change his story. In fact, he stuck to it like glue, apart from some minor details, and the state could not find any holes in it. Hence, not guilty is foregone for intent to murder.

However, there is another charge - foresight of death, and here the defence advanced involuntary action. But this does not contradict P's basic narrative, as he never said, 'yeah, I knew that someone would die, so I fired' as that would lead to being found guilty of common law murder.

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Autenrieth Road

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What are "shorts"? In the US they're a garment you could wear outside, as jeans are. They're like trousers but with legs that end above the knee (anywhere between the crotch and the knee, depending on the style).

But I'm wondering from how they're talked about in this thread whether what "shorts" means in South Africa is what we in the US call underpants.

But if they're underpants, I wouldn't call wearing them with a T-shirt to be "fully clothed", because to me fully clothed means wearing clothes you might go outside wearing, and you would never go outside wearing only underpants on your lower body, regardless of what was on your upper body.

On the other hand, if they're short trousers and thus outer garments, then the jeans don't come into it at all because you wouldn't need to put jeans on to be dressed to leave the house, and you certainly wouldn't put jeans on over them.

[ 21. September 2014, 18:06: Message edited by: Autenrieth Road ]

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quetzalcoatl
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Well, the evidence that she was planning to leave the house, includes being fully clothed, and having her phone. I don't know of any other evidence, except that some people have constructed their own narrative, which has her terrified of Pistorius, getting dressed, running to the toilet with her phone, locking it, and so on, in fear.

This is all pure conjecture. For one thing, she did a pee - OK, maybe she was leaving the house and did a pee, but maybe she just went to the loo to do a pee, which fits P's story.

Well, the internet is full of possible narratives, they just lack one thing - evidence.

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Martin60
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What about the bathroom light? Is that your speculation or was it broken?

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quetzalcoatl
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I am going off the judgment given by judge Masipa:

"In my view, there could be a number of reasons why the deceased felt the need to take her cell phone with her to the toilet. One of the possible reasons may be that the deceased needed to use her cell phone for lighting purposes as the light in the toilet was not working. To try to pick just one reason would be to delve into the realm of
speculation."

http://www.pod702.co.za/Eyewitnessnews/docs/140915OPJudgment.pdf

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Twilight

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Reeva had been wearing a sleeveless black vest and grey Nike shorts. Nike shorts are outer wear, meant for sports or casual wear in warm weather. She had packed a bag and brought several things, the jeans were either forgotten about or ready to be packed.

I don't think any of the clothing evidence matters much. Yes, I still think it's odd for a woman who models lingerie to sleep in clothes you might wear for racket ball, but it's possible. Whatever she was wearing, whether or not she was leaving, whether or not they were having a screaming fight, he picked up a lethal weapon and killed her.

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Martin60
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Thanks q. Hmmmmmm. He's either mad or mad AND bad. Mad's simpler. But only just. As mad can make bad. He obviously isn't just bad.

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Autenrieth Road

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Thanks, Twilight, for explaining the meaning of "shorts" here.

As for the verdict, I think it does matter what his state of mind was, and how that fits with South African law about could/should/did etc. In the US, we have too many incidents of people getting off for killing people when there are other courses of action they could have chosen, so I'm glad that the Pistorius verdict could at least come in "culpable homicide" rather than "guilty".

He did kill Steenkamp, but the court has determined that it is not proven that he knew it was her behind the door and that his goal was to kill her.

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Jane R
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Twilight:
quote:
Yes, I still think it's odd for a woman who models lingerie to sleep in clothes you might wear for racket ball...
[Ultra confused] Why? Why is someone whose job is looking glamorous still expected to make an effort to look glamorous on her day off, at home, in the middle of the night?

I don't sleep in my lingerie either. It would be dashed uncomfortable. And pyjama sets that consist of a T-shirt and a pair of soft jersey shorts are very common over here.

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quetzalcoatl
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quote:
Originally posted by Autenrieth Road:
Thanks, Twilight, for explaining the meaning of "shorts" here.

As for the verdict, I think it does matter what his state of mind was, and how that fits with South African law about could/should/did etc. In the US, we have too many incidents of people getting off for killing people when there are other courses of action they could have chosen, so I'm glad that the Pistorius verdict could at least come in "culpable homicide" rather than "guilty".

He did kill Steenkamp, but the court has determined that it is not proven that he knew it was her behind the door and that his goal was to kill her.

Good summary. The state of mind is crucial, since the defence didn't deny that he had killed her. This leads to culpable homicide.

Then there are several states of mind possible, first, intent to kill. Clearly not proven by the state, and dismissed almost immediately by the judge - no evidence. All the stuff about clothes and phones and locked doors is chaff.

Then, 'foresight of likely death', which has thrown a lot of people, of course. And here you get the argument, 'of course, he must have realized that firing a gun four times would kill'.

However, the judge explicitly cautions against this, and states that this must be demonstrated, which seems very difficult. And we know that P is a highly irrational and (in my view) hysterical personality. So his story is reasonably possible.

What I find interesting is that the inference (he must have realized his actions were lethal) is rejected, which a lot of people have found counter-intuitive.

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Twilight

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quote:
Originally posted by Jane R:

Why? Why is someone whose job is looking glamorous still expected to make an effort to look glamorous on her day off, at home, in the middle of the night?



Well, for one thing she wasn't at home, she was at her lover's house. Their relationship was still in the new, honeymoon phase. It was Valentine's Day and her tweets during the day had been all about looking forward to a romantic evening. It's not that I "expect," her to look glamorous on her day off, it's that I thought she might actually want to. I said her choice was odd as in "not typical," I didn't say it was wrong. Of course she didn't have to dress any special way she could have slept in a bunny suit and combat boots if she wanted to. I just would have found it odd.
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lilBuddha
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quote:
Originally posted by Jane R:
Rolyn, if you accidentally reversed the car over your wife I think you might find yourself changing details of your story; simply because you'd be so traumatised after the event that you wouldn't be able to produce a coherent account of it.

We tend to think of terms of how we would deal with something. This is not always accurate.
The unwavering story is neither a sign of innocence or guilt.

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cliffdweller
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quote:
Originally posted by Autenrieth Road:
What are "shorts"? In the US they're a garment you could wear outside, as jeans are. They're like trousers but with legs that end above the knee (anywhere between the crotch and the knee, depending on the style)...

On the other hand, if they're short trousers and thus outer garments, then the jeans don't come into it at all because you wouldn't need to put jeans on to be dressed to leave the house, and you certainly wouldn't put jeans on over them.

quote:
Originally posted by Ariel:
quote:
Originally posted by saysay:
quote:
Crap spouted by Twilight:
* think some people do sleep in loose shorts but it does seem an unusual choice for a young woman with her lover on Valentine's Day.

Not if you're used to living with room-mates or family who you don't necessarily want to be naked in front of.
But if you're in bed with the bloke you're currently seeing and haven't been seeing for that long, and there isn't anyone else in the house you need to be careful about? Still seems a bit weird to be dressed.

Well, until we get her side of the story, there's always going to be scope for different interpretations, I guess.

Yes, shorts mean outerwear in the US, but soft shorts such as running shorts are often worn to bed, even (or maybe even especially) by fashionable young women. They are comfortable, easy to wear, and have a cute sporty look. And in my part of the US, bed-time wear and daywear are often indistinguishable (my students frequently wear pajama bottoms to class). I can very much imagine a young woman wearing them to bed, even on Valentine's day. I wear something similar on warm summer nights (and of course, it would have been summer in So. Africa).

Whether or not these Californian fashion sensibilities translate to South Africa, of course, I have no way of knowing. Just that it doesn't seem at all a stretch.

[ 22. September 2014, 00:41: Message edited by: cliffdweller ]

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quetzalcoatl
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What has amazed me is that the phrase 'fully clothed' is widely found on internet forums and blogs in relation to Reeva. It took me about ten minutes, to find various reports that she was wearing shorts and a t-shirt, and her jeans were on the floor (in fact, shown in photographs).

So I'm kind of stunned that such speculations run rife, and then take on a life of their own, and are obviously not checked. Eventually you get something like, 'she was frightened of him, after a row, so she got dressed, ran to the toilet with her phone (in order to call for help), and locked the toilet, to keep him out, and then he shot here in a rage'.

Pure speculation; well, you can see why we need courts of law.

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Autenrieth Road

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Now that I understand that shorts does mean outerwear shorts, I understand what "fully clothed" here means. But also now that I understand they're the kind of shorts that one might commonly wear as pajamas, the jeans make perfect sense: she took off the jeans from the day, and put on the shorts for the night.

Not that I have any idea what really happened, but that is one way the various clothes can make sense, that is quite the opposite of "she was getting dressed to leave."

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orfeo

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quote:
Originally posted by quetzalcoatl:
What has amazed me is that the phrase 'fully clothed' is widely found on internet forums and blogs in relation to Reeva. It took me about ten minutes, to find various reports that she was wearing shorts and a t-shirt, and her jeans were on the floor (in fact, shown in photographs).

So I'm kind of stunned that such speculations run rife, and then take on a life of their own, and are obviously not checked. Eventually you get something like, 'she was frightened of him, after a row, so she got dressed, ran to the toilet with her phone (in order to call for help), and locked the toilet, to keep him out, and then he shot here in a rage'.

Pure speculation; well, you can see why we need courts of law.

Except it seems to me that many people don't see why we need courts of law at all. Or careful presentation of evidence with cross-examination to establish exactly what is known, what is inferred from what is known, and what is just pure speculation.

Not that I think the adversarial system that English-speaking countries have inherited is ideal, either - if anything, I prefer to have at least some elements of a more European, inquisitorial model where a judge is entitled to spell out something that they really want to know which the adversarial parties haven't addressed - but the adversarial system is a darn sight better than the internet's habit of self-affirmation.

The Ship is superior in this respect to most other message boards I've ever seen, because on most other message boards there's such a lack of critical thought that whoever posts first is right. You tend to get nothing but nodding agreement and further expansion of the original idea, so that if you're the kind of person who says "wait a minute, that's not right" you're probably on page 2 or 3 and will be swimming against a vast tide.

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Gee D
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quote:
Originally posted by cliffdweller:
Yes, shorts mean outerwear in the US, but soft shorts such as running shorts are often worn to bed, even (or maybe even especially) by fashionable young women. They are comfortable, easy to wear, and have a cute sporty look. And in my part of the US, bed-time wear and daywear are often indistinguishable (my students frequently wear pajama bottoms to class). I can very much imagine a young woman wearing them to bed, even on Valentine's day. I wear something similar on warm summer nights (and of course, it would have been summer in So. Africa).

Whether or not these Californian fashion sensibilities translate to South Africa, of course, I have no way of knowing. Just that it doesn't seem at all a stretch.

I'm sorry to say that I don't know what fashionable young women wear to bed these days. At the right time of year, Madame and I would normally wear t-shirts and light. loose shorts to bed.

As quetzalcoatl says later on, there is a huge amount of speculation going on, with no reference to the facts as they came out in court.

And most of what Orfeo says as well.

[code]

[ 22. September 2014, 05:02: Message edited by: Eutychus ]

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quetzalcoatl
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orfeo wrote:

The Ship is superior in this respect to most other message boards I've ever seen, because on most other message boards there's such a lack of critical thought that whoever posts first is right. You tend to get nothing but nodding agreement and further expansion of the original idea, so that if you're the kind of person who says "wait a minute, that's not right" you're probably on page 2 or 3 and will be swimming against a vast tide.

It's been happening in newspapers as well; with columnists expressing dissatisfaction with the judge's verdicts. 'He must be guilty' is a kind of refrain that you get; I do wonder if that conceals, 'I want him to be guilty'. Not sure why.

Mob justice really. It reminds me of 'The Ox-Bow Incident', a shattering western novel and film, where 3 cowboys are lynched for castle-rustling, only then for the real culprits to be found.

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Jane R
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Twilight:
quote:
It's not that I "expect," her to look glamorous on her day off, it's that I thought she might actually want to. I said her choice was odd as in "not typical," I didn't say it was wrong.
Oh, I see. I still don't get why she *has* to wear the slinky nightie just because it's Valentine's Day, though. And I could understand someone who works as a model wanting to dress down on her day off.

And she wasn't expecting to be shot dead and have her choice of nightwear analysed by total strangers over the Internet, either.

lilbuddha:
quote:
We tend to think of terms of how we would deal with something. This is not always accurate.
The unwavering story is neither a sign of innocence or guilt.

...which is why I very carefully avoided saying it was. Similarly, the person who changes several details of his or her story as time goes by is not necessarily guilty either.

And I, coming from the virtually gun-free UK, cannot understand why someone's first reaction on hearing unexplained sounds in the toilet is to seize a gun and blaze away without first checking the whereabouts of other members of the household either. But that doesn't prove that Pistorius is guilty of anything other than monumental stupidity (and culpable homicide). It just means that I would react differently in the same situation.

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quetzalcoatl
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Yes, I thought that some people are very annoyed that P was so stupid and hysterical, so let's sentence him to life imprisonment, for not being as rational and clear-thinking as I am.

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Jane R
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Hey, I didn't say I would be *rational*. Being female, my first thought would be to look for other members of the household so we could tackle the intruder together. Such as my Other Half, who is considerably stronger than me, and my daughter, who knows martial arts.
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quetzalcoatl
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quote:
Originally posted by Jane R:
Hey, I didn't say I would be *rational*. Being female, my first thought would be to look for other members of the household so we could tackle the intruder together. Such as my Other Half, who is considerably stronger than me, and my daughter, who knows martial arts.

I wasn't including you within 'some people'. It's just that I've noticed that some people (this does not refer to you), want to find P guilty, because he didn't react as they would. 'I would have reached out to my girl-friend, to check she was OK, and P didn't, therefore he's guilty'.

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Jane R
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I also wonder if some people want him to be guilty of murder because it's easier to think that he meant to kill her than that she died in a horrible (and avoidable) accident*?

*Accident in the sense that he did not intend to kill her, not that he fired the gun accidentally.

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quetzalcoatl
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quote:
Originally posted by Jane R:
I also wonder if some people want him to be guilty of murder because it's easier to think that he meant to kill her than that she died in a horrible (and avoidable) accident*?

*Accident in the sense that he did not intend to kill her, not that he fired the gun accidentally.

Yes, that's a good point. I'm sure that some people find the idea of a meaningless death to be really unpleasant, and kind of arbitrary, and much prefer a real motive.

There is probably loads of other stuff going on as well, for example, rich entitled guy kills girl-friend, domestic violence, good versus evil, lots of possible scenarios.

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Twilight

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# 2832

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quote:
Originally posted by quetzalcoatl:

Mob justice really. It reminds me of 'The Ox-Bow Incident', a shattering western novel and film, where 3 cowboys are lynched for castle-rustling, only then for the real culprits to be found.

Oh yes, it's just like that. Pistorius happened to be passing by the neighborhood and now we want him hung.

Did the cowboys in the film confess to the crime?

It's not that some of us "want," Pistorius to be guilty. He has already, himself, confessed to picking up his gun (with specially lethal bullets) and shooting through that door into a tiny room. That's why I keep saying it doesn't matter whether Reeva was dressed for bed or to go out, or whether or not she had been screaming. It doesn't matter whether or not he even knew it was Reeva in there.

He heard someone in the bathroom and shot through the door into a small room. He had to have meant to kill someone. Fear and hysteria may lesson your reasoning ability, but not to the point where you forget that bullets kill. This wasn't an accident. It wasn't a case of pushing someone who then fell against the hearth and died. He used a lethal weapon at close range. He deliberately took a life. I think you "don't want" him to be guilty because you don't care very much about that life.

If it's okay to shoot people and then say, "Oops, I didn't think those bullets would really hurt that bad, silly me, I just get so scared and flustered sometimes," -- then nobody is safe from the gun owner and his word means more than your life.

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Jane R
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Well, it's not OK though, is it? The judge made it perfectly clear in her summing up that it wasn't. And you're talking as if he got off scot-free; he's been convicted of culpable homicide, which several people with legal qualifications have told us was the most he could have been convicted of under South African law with the evidence available. What might have happened in Florida (or any other US state with 'stand your ground' laws) is beside the point.

[ 22. September 2014, 10:59: Message edited by: Jane R ]

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Gee D
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Twilight, read this for an example of the thought that goes into sentencing someone who pushes over a person, who then dies. And for the thought that goes into sentencing generally.

Sth Africa, like the US and many other countries, is a violent place. What you and I might think an abnormal readiness to resort to a firearm is not, sadly, viewed in the same light in much of the world. That's the first point. The next is that an objective test is applied in England to determine intent. Certainly here, and it appears also in Sth Africa, the test is a subjective one. As Sir Owen Dixon said: The introduction of the maxim or statement that a man is presumed to intend the reasonable consequences of his act is seldom helpful and always dangerous. In this case, the judge bore this important distinction in mind.

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quetzalcoatl
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Twilight wrote:

He heard someone in the bathroom and shot through the door into a small room. He had to have meant to kill someone. Fear and hysteria may lesson your reasoning ability, but not to the point where you forget that bullets kill. This wasn't an accident. It wasn't a case of pushing someone who then fell against the hearth and died. He used a lethal weapon at close range. He deliberately took a life. I think you "don't want" him to be guilty because you don't care very much about that life.

Whoa, that's getting a bit personal, isn't it? Would you care to withdraw that, as you don't actually have a clue what I care about.

I think 'he had to have meant to kill someone' seems to combine intent with the 'foresight' law. Well, the judge specifically rules out both - the state could not show that he had intent; and could not show that he had foresight.

To say that he must have meant it, is using the so-called 'objective' criterion, which in SA, does not hold. In other words, you can't presuppose that people behave sensibly or rationally.

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Twilight

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# 2832

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quote:
Originally posted by Jane R:
Well, it's not OK though, is it? The judge made it perfectly clear in her summing up that it wasn't. And you're talking as if he got off scot-free; he's been convicted of culpable homicide, which several people with legal qualifications have told us was the most he could have been convicted of under South African law with the evidence available. What might have happened in Florida (or any other US state with 'stand your ground' laws) is beside the point.

Right. That's why I didn't bring up stand your round laws, just like I never said Reeva had to wear silky nighties to bed.

I know he didn't get off scot-free, but I do think he should have been convicted of common-law murder. I agree with the judge that there is not enough evidence of pre-meditation for first degree murder but getting his gun, going down the hall and shooting through the door seems like more than enough "intent" for second degree or common-law murder to me. Culpable Homicide can be waived to parole for first time offenders so he may yet get off scot-free.

I watched this whole trail and I thought from the very first that this judge was overly swayed by Oscar's daily sob show. She would often comment sympathetically about how upset he was. One time her voice broke with empathy for him. He would cry, sob, talk in a high pitch wail, and let his nose run to the floor. It all seemed fake to me, but she said she found his story credible while dismissing all the prosecutions witnesses as unreliable.

I, as someone who is incapable of ever crying in public, am always amazed at how much weight police and judges give to this sort of evidence. I'm sure I would be judged guilty of any crime I came close to like the poor mother of the dingo killed baby.

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Twilight

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quote:
Originally posted by quetzalcoatl:
Twilight wrote:

He heard someone in the bathroom and shot through the door into a small room. He had to have meant to kill someone. Fear and hysteria may lesson your reasoning ability, but not to the point where you forget that bullets kill. This wasn't an accident. It wasn't a case of pushing someone who then fell against the hearth and died. He used a lethal weapon at close range. He deliberately took a life. I think you "don't want" him to be guilty because you don't care very much about that life.

Whoa, that's getting a bit personal, isn't it? Would you care to withdraw that, as you don't actually have a clue what I care about.



My post was in retaliation for all the personal accusations you've made on this page alone about people who want to find him guilty because we're just an angry mob. Read your own posts.
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quetzalcoatl
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quote:
Originally posted by Twilight:
quote:
Originally posted by quetzalcoatl:
Twilight wrote:

He heard someone in the bathroom and shot through the door into a small room. He had to have meant to kill someone. Fear and hysteria may lesson your reasoning ability, but not to the point where you forget that bullets kill. This wasn't an accident. It wasn't a case of pushing someone who then fell against the hearth and died. He used a lethal weapon at close range. He deliberately took a life. I think you "don't want" him to be guilty because you don't care very much about that life.

Whoa, that's getting a bit personal, isn't it? Would you care to withdraw that, as you don't actually have a clue what I care about.



My post was in retaliation for all the personal accusations you've made on this page alone about people who want to find him guilty because we're just an angry mob. Read your own posts.
That wasn't in relation to you, or anyone on this forum. I don't see people here as an angry mob at all.

I had been reading through various forums, blogs, and newspaper columns, and was struck by the amount of fantasy directed at Pistorius.

I regret that you won't withdraw that very offensive accusation. So it goes.

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Haydee
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But in some instances the difference between whether you 'did' know, or 'should have but didn't' are irrelevant.

Not knowing something against the law, for example.

The judge did not accept the defence of ‘I wasn’t able to think straight etc because I was especially vulnerable’. She did say he was criminally reckless in firing into the door.

The issue, I would guess, is the point at which the reckless behavior is so extremely reckless that a sane/reasonable/whatever person would have known the likely outcome.

Otherwise no-one need be convicted of murder unless they confess intent. The defence is simply "I didn't realize that doing XYZ would kill the other person, although I accept I was negligent/reckless". Prosecution can't prove they did know that (e.g. firing 4 expanding bullets into a small space had a high likelihood of killing the person inside).

I agree the clothing, screaming, etc. is a side issue.

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quetzalcoatl
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I suppose that firing at a door did complicate the issue. If you put a gun to someone's head, and fire, you can't really argue that you didn't have in mind that death might ensue.

But firing at a toilet door gave the defence that leeway, I suppose.

I am curious about other jurisdictions - possibly under 'castle' doctrine, he might have been completely acquitted; in the UK, possibly found guilty of murder. But I don't know. As I said earlier, one of my neighbours shot a burglar in the back, and killed him, and eventually, was found guilty of manslaughter. Of course, he is now a great hero in the area, yuk.

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Haydee
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But if it is subjective, then you could also say that you DIDN'T know that putting a gun to someone's head and firing would kill them.

It seems that this is what Judge Masipa is saying when saying that the prosecution has not proved P knew he was likely to kill someone.

I guess this is what will be tested on appeal (assuming the state appeal) - whether her interpretation is correct, or whether there is a point when 'you should have known, but the prosecution needs to prove you did know' becomes 'from a legal standpoint we will assume you did know'.

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quetzalcoatl
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quote:
Originally posted by Haydee:
But if it is subjective, then you could also say that you DIDN'T know that putting a gun to someone's head and firing would kill them.

It seems that this is what Judge Masipa is saying when saying that the prosecution has not proved P knew he was likely to kill someone.

I guess this is what will be tested on appeal (assuming the state appeal) - whether her interpretation is correct, or whether there is a point when 'you should have known, but the prosecution needs to prove you did know' becomes 'from a legal standpoint we will assume you did know'.

Yes, I am curious to see if that is appealed, as it has surprised quite a lot of people. Although when you untangle all the strands, it does make sense not to assume that someone's else state of mind is as you would think it might be, or ought to be, or must be.

I think also you are right about the gun to the head; some people are not capable of realizing that this is lethal, for example, a child or someone insane.

But then they would not be charged in the first place, in fact, maybe not even interviewed.

This seems like a more puzzling idea, that someone might not have a rational thought at all, such as 'guns kill', or 'I want to kill him', and so on. I don't know if the law allows such a possibility, as it would seem to permit a peculiar defence, 'I wasn't thinking anything when I shot him'.

[ 22. September 2014, 14:31: Message edited by: quetzalcoatl ]

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BroJames
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quote:
Originally posted by Twilight:
<snip>his gun (with specially lethal bullets) and shooting through that door into a tiny room<snip>

I just wanted to pick up on this point, because although these bullets are especially damaging to anyone they hit (and are thus banned for use militarily and by many law enforcement agencies etc.), they also seem to be quite commonly used by people buying handguns for personal use because they are also much less likely to cause unintended damage through ricochet or 'over-penetration' (i.e passing through one person and injuring someone else). (I have also seen it argued that because they stop a person more quickly they mean that fewer shots need to be fired at them, and therefore they are more likely to survive. Whether that logic truly works when the shooter is a panicked amateur, I rather doubt.)
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quetzalcoatl
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An interesting detail about the state's efforts to prove intent to kill - to begin with, they were arguing that P had put his legs on, in order to shoot at the door of the toilet. This might look damaging for P, as indicating premeditation.

However, the ballistics expert stated that the bullet holes showed that P had been on his stumps. The state then withdrew their version.

Not conclusive, of course, but showing that P's story was very difficult to break down. This presumably led the judge to say that it was 'reasonably possibly true', which forces an acquittal of premed. murder.

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Twilight

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quote:
Originally posted by quetzalcoatl:
quote:
Originally posted by Twilight:
quote:
Originally posted by quetzalcoatl:
Twilight wrote:

I think you "don't want" him to be guilty because you don't care very much about that life.

Whoa, that's getting a bit personal, isn't it? Would you care to withdraw that, as you don't actually have a clue what I care about.



My post was in retaliation for all the personal accusations you've made on this page alone about people who want to find him guilty because we're just an angry mob. Read your own posts.
That wasn't in relation to you, or anyone on this forum. I don't see people here as an angry mob at all.

I had been reading through various forums, blogs, and newspaper columns, and was struck by the amount of fantasy directed at Pistorius.

I regret that you won't withdraw that very offensive accusation. So it goes.

In that case I do withdraw it and didn't really mean it in the first place, except as a "If you think I just want him to be guilty then I think -blah blah- opposite stuff."

Sorry, heat of the moment, and caffeine of the coffee. [Hot and Hormonal]

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quetzalcoatl
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Twilight, OK, cheers. I did call you to hell, but no matter.

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