Pistorius 'not guilty' of murder

[Lite Beer]

Pistorius 'not guilty' of murder

PRETORIA - "Blade Runner" Oscar Pistorius was found not guilty of the murder of girlfriend Reeva Steenkamp Thursday as a South African judge dismissed the most serious charges against him.

"The state clearly has not proved beyond reasonable doubt that the accused is guilty of premeditated murder," Thokozile Masipa said, before dealing with the lesser charge of culpable homicide -- also known as manslaughter.

"Viewed in its totality the evidence failed to establish that the accused had the requisite intention to kill the deceased let alone with premeditation," said Masipa.

"Clearly he did not objectively foresee this as a possibility, that he would kill the person behind the door," she said as she later dismissed the lesser charge of common murder.

The 27-year-old sat in the dock bowed and burying his head in his hands after the finding was made.

Pistorius was charged with one count of murder and three firearms offences over the killing on Valentine’s Day 2013.

He could still be found guilty of culpable homicide, carrying anything from a suspended sentence to a lengthy prison stretch, or he could be acquitted.

A charge of premeditated murder would have meant a life sentence in South Africa’s notoriously brutal jails.

Source: http://www.nationmultimedia.com/breakingnews/Pistorius-not-guilty-of-murder-30243083.html

-- The Nation 2014-09-11

[Calach]

His lawyers must cost an arm.

Edited September 11, 2014 by Calach

[drand11]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

Edited September 11, 2014 by drand11

[NeverSure]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

It would depend on the state. In most states you can shoot a trespasser just for trying to get into your home.

Some states have "The castle doctrine" from "a man's home is his castle." Others have wording in laws that give the same rights without calling it that.

I don't know about SA. If he had the right to shoot an intruder and believed his victim was one, then he has at most manslaughter which is still a crime.

[GentlemanJim]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

In the USA i doubt you would even go to the police station for the shooting of an 'unidentified' person you thought had entered your house. Not saying that is what the situation was with Pistorius;, but it seems the rule of minimum force is not often played in the US.

[Roadman]

Given the angle and location of the bullet holes through the toilet door which show that he was aiming at a target he knew was sitting on the toilet bowl he can consider himself lucky he has dodged the maximum murder charge.

[robertthebruce]

I don't trust that guy, that poor beautiful girl, so so sad....

Seemingly he has a new girlfriend and has had for some time ?? So much for him grieving...

I feel for her parents too....

Anyway let's see what the Judge delivers...

[robertthebruce]

Oscar Pistorius.

Showing the Scottish people you can be free, even though you're usually legless and assaulting women.

Been at the Sherbet ???

[tx22cb]

"I think if he walks from this it'll be nothing short of a miracle."

[Bwanatickey]

It was not premeditated , that is the correct judgement.

At the start of Valentines day he was looking forward to a romantic evening with his hot girlfriend.

[Roadman]

It was not premeditated , that is the correct judgement.

At the start of Valentines day he was looking forward to a romantic evening with his hot girlfriend.

Under my countries law he would be guilty of murder but actually reading more I think the South Africans have a better classification of the degrees of the crime. Agree, it is the correct judgement as South African law sets it as being very much a pre-planned event, and accordingly set a very high penalty at 25 years imprisonment. Event on the lesser manslaughter charges he should be found guilty of as he has never defended not shooting her he will be doing considerable prison time.

[Cylon]

O J Pistorius ?

[Asiantravel]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

In the USA i doubt you would even go to the police station for the shooting of an 'unidentified' person you thought had entered your house. Not saying that is what the situation was with Pistorius;, but it seems the rule of minimum force is not often played in the US.

What would be the legal situation in USA if you lived in a gated community with security guards as was the case with this defendant? Interestingly, the judge commented yesterday that Pistorius could have called security on his mobile phone instead of using the gun himself.

In America, if you killed someone in this way without at least giving security the chance to do their job first, would you be more liable to face criminal prosecution?

[emilymat]

It's very interesting to speculate what a 'jury' decision might have been - say in the UK or USA. As the SA pundit said, the decision, so far, is based on the strict interpretation of the 'law' - no emotional or subjective views of 12 people.

Not advocating the abolition of jury trials at all, but it has highlighted an interesting issue for me.

[connda]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

In the USA i doubt you would even go to the police station for the shooting of an 'unidentified' person you thought had entered your house. Not saying that is what the situation was with Pistorius;, but it seems the rule of minimum force is not often played in the US.

It really does depend on the state you live in. The laws governing self-defense vary widely from state to state.

[Lokie]

Now have actually seen the size of the WC area behind the closed door from where he discharged the 4 rounds (Police pics released) Talk about shooting fish in a barrel? This man has got away with Murder...

He was never going to be convicted of the murder... even the two charges now, they are talking 7 - 10 years... he will probably do 3 -4 and be out

RIP to the young woman

[NeverSure]

Culpable murder. Is this like "Manslaughter" in the usa? Seems rather reckless to assume a burglar and then use of deadly force on an unidentified/ unresponsive person. I think in the usa they would find him reckless & guilty of manslaughter with maybe 5 years in prison. Interesting to learn the rules related to "Culpable murder" in S Africa.

In the USA i doubt you would even go to the police station for the shooting of an 'unidentified' person you thought had entered your house. Not saying that is what the situation was with Pistorius;, but it seems the rule of minimum force is not often played in the US.

What would be the legal situation in USA if you lived in a gated community with security guards as was the case with this defendant? Interestingly, the judge commented yesterday that Pistorius could have called security on his mobile phone instead of using the gun himself.

In America, if you killed someone in this way without at least giving security the chance to do their job first, would you be more liable to face criminal prosecution?

As said, laws vary widely, state to state. However I know of no state which would require you to call security (or the police) if you were within that state's right to shoot.

So no, all other things being equal, you don't have to wait to defend yourself. That's what self defense means.

We have a saying. "When seconds count, the police are only minutes away."

[Scott]

Some off-topic and inflammatory posts and replies have been deleted.

I have learned a lot from this situation. Now, when I get up at night and go the toilet, I leave the door open and the light on.

[CMNightRider]

If this had taken place in the states, the fact would remain, if there is a closed door between you and the unknown person, there would be no threat. You can't go shooting people behind a closed door and expect to walk. You'll be held accountable for that for sure.

[Scott]

Topic running here:

http://www.thaivisa.com/forum/topic/759892-oscar-pistorius-found-guilty-of-culpable-homicide/

//CLOSED//