» Nie pamiętam hasła | » Zarejestruj się

Forum dyskusyjne

alls and strikes. .... Boston RH John Lacke

lw789
 
Posty: 1650

alls and strikes. .... Boston RH John Lacke

Postprzez lw789 środa, 15.11.2017, 08:15

Thursday in Pretoria, South Africa, Oscar Pistorius was to learn his fate. 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. Laremy Tunsil Jersey . Thats when the eight-time champion revealed that a painful back is slowing his serves -- and, all in all, giving him more trouble than his opponents so far. Cody Parkey Jersey . -- Arizona coach Sean Miller rose from his seat every time Roberto Nelson touched the ball and yelled "Shooter!" He could have been talking about his own team, too. http://www.dolphinsteamauthenticshop.co ... spx.Fucale will not only be one of the local boys, he is also a Montreal Canadiens draft pick and will have a huge cheering section when Canada opens the tournament Dec. Custom Miami Dolphins Jerseys . Patrice Bergeron and Daniel Paille scored 20 seconds apart a few minutes after Stamkos was taken off the ice on a stretcher with a broken right leg, and the Bruins beat the Lightning 3-0 on Monday afternoon. Xavien Howard Jersey .Y. -- The Detroit Red Wings had just enough time to salvage a point.ARLINGTON, Texas -- There are no scoring debates when Red Sox slugger David Ortiz hits towering home runs and scorching liners into the right-field corner. A night after Boston managed only one hit off Texas ace Yu Darvish, though Ortiz believes it should be two, the Red Sox were hitting from the start Saturday in an 8-3 win over the Rangers. "The attitude in the clubhouse early before the game was nothing about last night," manager John Farrell said. "It was more about how we were going to attack (Martin) Perez, and we did a very good job." Ortiz broke up Darvishs no-hit bid Friday night with a clean single with two outs in the ninth inning. There was also his towering flyball in the seventh that dropped untouched but was ruled an error after Darvish had retired the first 20 Boston hitters -- a scoring decision Ortiz indicated Saturday that he will appeal, though he felt the Red Sox as a group put their struggles behind them. "Oh, you have to. Its not like theres any other choice," Ortiz said. "You got to come back and play the game." Shane Victorino had three singles and drove in four runs. Ortiz pulled the first pitch of the third off Perez (4-3) into the right-field seats for his seventh homer. His double came an inning later, when he scored as a part of a four-run outburst for a 6-0 Red Sox lead. Asked about the unquestionable hits he had this time, Ortiz laughed, licked his thumb and made a motion with it to match what he said, "Turn the page." Jon Lester (4-4) limited Texas to three runs and four hits over seven innings. The lefty, coming off a career-high 15 strikeouts in a week earlier against Oakland, struck out eight more to match Detroits Max Scherzer at 66 for the American League lead. "I got away with a lot of pitches, we were able to keep them off balance just enough to get some foul balls and some bad contact," Lester said. "Definitely a grind tonight." The Rangers didnt have a base runner against Lester until Shin-Soo Choo led off the fourth with a double too deep centre beyond the reach of centre fielder Jackie Bradley Jr.dddddddddddd He came home on a sacrifice fly by Prince Fielder before Alex Rios added an RBI triple. Boston went ahead to stay in the second after loading the bases with two outs. Victorino singled to centre to drive in a run, but Bradley was thrown out at the plate trying to score a second run. The homer by Ortiz was his 380th with the Red Sox, breaking a tie with Dwight Evans for fourth on the career list. Jim Rice is third on the list at 382. It was his 19th homer at Texas, one short of Jason Giambi for the most by an opponent there. Victorino and Jonny Gomes each had two-run singles in the fourth. Perez lost his third consecutive start since the end of his 26-inning scoreless streak. The left-hander allowed six runs and 14 base runners (nine hits, four walks and a hit batter) in only 3 2-3 innings. "I dont know if somethings out of whack, but it didnt seem like he could get in a rhythm," manager Ron Washington said. Perez has given up 19 runs over 13 1-3 innings the past three games, and his ERA has more than tripled in that span -- from 1.42 to 4.38. "Too many balls, man. Trying to overthrow," Perez said. "I think I get mad and when I get mad I lose my mind. ... And I think that happened with me tonight." Notes: Texas shortstop Elvis Andrus, who significantly trimmed his beard reminiscent of Abraham Lincolns, stretched his hitting streak to seven games with an RBI double in the fifth. ... Rangers pitching coach Mike Maddux was ejected in the eighth inning by first-base umpire Vic Carapazza. Washington said it was for arguing balls and strikes. .... Boston RH John Lackey, a Texas native, is scheduled in Sundays season series finale to make his 20th career road start against the Rangers. That will break his tie with Seattles Felix Hernandez for the most by a Texas opponent. ... Texas lefty Robbie Ross (1-3), who starts Sunday, has lost three straight starts and each of his past two games have ended as 12-1 Rangers losses. Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys ' ' '

Powrót do Hyde Park


piłka nożna | siatkówka | koszykówka | sporty motorowe | sporty zimowe | sporty wodne | sporty ekstremalne | inne sporty | sporty szkolne | katalog firm | fotogaleria