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The Oscar Pistorius trial has resumed following a month long break. Dick Butkus Bears Jersey . During that time, Pistorius underwent a psychiatric evaluation at the direction of the court to determine if he suffered from general anxiety disorder (GAD) at the time he killed Reeva Steenkamp. The Charges The issue being determined at trial is whether Pistorius killed Steenkamp intentionally, or as Pistorius alleges, he killed her by accident believing her to be an intruder. Form a legal standpoint, this distinction is really important since it ties into the charges faced by Pistorius. There are three possible scenarios with respect to the charges: Premeditated murder, murder and culpable homicide. Premeditated murder requires an intent to murder plus planning the murder. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. There was no significant planning to the crime, so premeditated murder will likely fail. Even if the prosecution cant make out premeditated murder, it can still get Pistorius on the lesser charge of murder. In order establish murder, they only need to show that he intended to kill Steenkamp (no planning element needed).Should the prosecution fail on murder, there is another lesser charge that could come into play: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that he killed her by accident). Premeditated murder would get Pistorius a compulsory life sentence, while murder would result in a compulsory sentence of 15 years. For culpable homicide, 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. Facing very serious charges, the defence team wanted to establish that Pistorius should not go to jail because he was mentally ill when he fired those four gunshots the night of Valentines Day. And thats where GAD comes into play. General Anxiety Disorder And Diminished Capacity A defendant that suffers from a mental disorder can be found not criminally responsible on the basis that he or she could not appreciate the difference between right and wrong at the time the crime was committed. If such a finding is made, one possible outcome is the trial ends right then and there, and the defendant is committed to an institution indefinitely. In essence, it would look very much like an acquittal with ongoing psychiatric care. So if it was concluded that Pistorius had a mental disorder that made him incapable of appreciating the wrongfulness of his act, the trial could have come to a very abrupt end and Pistorius could have avoided jail time. Psychiatric Finding The psychiatric report concluded that Pistorius was not mentally ill at the time he killed Steenkamp. As per the report, "at the time of the alleged offenses, the accused did not suffer from a mental disorder or mental defect that affected his ability to distinguish between the rightful or wrongful nature of his deeds". So that means the trial continues and Pistorius does not avoid prison in favour of an institution. Mental Illness No. 2: Post-Traumatic Stress Disorder Things didnt end with GAD. On July 2, the defence team declared that Pistorius was suffering from post-traumatic stress disorder (PTSD) and as result was suicidal. "He is...mourning the loss of Ms Steenkamp," said Barry Roux, Pistorius lawyer. "Should he not receive proper clinical care, his condition is likely to worsen and increase the risks for suicide." Is this a meaningful finding with respect to exonerating Pistorius? No. This mental disorder speaks to Pistorius state of mind AFTER the murder and not before or during the act. The key is in the name of the affliction: POST-traumatic stress disorder and not PRE-traumatic stress disorder. So that means that even if it can be shown that Pistorius suffers from PTSD, his mental illness did not render him unable to appreciate the difference between right and wrong at the time of the killing since he would have only developed the illness after the crime. Accordingly, as far as being a defence to the core issue in this trial, namely that Pistorius did not intend to kill Steenkamp, its irrelevant and of no import. However, the defence team may have raised PTSD as further evidence that Pistorius did not intend to kill Steenkamp. The defence team would argue that Pistorius is distraught to the point of being suicidal because he never intended to kill Steenkamp. If he did intend to kill Steenkamp, he would not be suicidal. Of course, this argument is vulnerable to attack. Pistorius intending to kill Steenkamp is not incompatible with feeling profound remorse and guilt after the fact. Indeed, it could be argued that experiencing feelings of anguish and accountability after intentionally killing someone is not unusual in this type of circumstance. The defence team also raised PTSD so they could rely on it as a possible mitigating factor to reduce his prison time come sentencing. The idea would be that he would need ongoing psychiatric care, which could only be adequately provided in an institution outside of prison. Next Steps Once the defence has called all its witnesses, it will close its case. That should within the next week or so. After that, both parties will present their closing arguments with a view to persuading the court of their respective positions. Once closing arguments wrap up, the Court will schedule a date to announce the verdict. Following the determination of guilt, a sentencing hearing will be held where both sides will present arguments with respect to the appropriate sentence. Thereafter, Judge Masipa will hand down her sentence. At the rate the trial is proceeding, expect it to conclude sometime in mid-summer. Pistorius claims lack believability and veracity. Given the number of improbabilities in his story (as discussed here), it would not be a surprise to see Pistorius convicted of murder. Akiem Hicks Jersey . City has reached new heights under manager Manuel Pellegrini as they transition from big spending/immediate impact to perennial contender. Yaya Toures seeming discontent Tuesday may complicate that, as does the little issue of Financial Fair Play. Mike Singletary Womens Jersey . -- Ricky Romeros comeback bid hit another road bump Tuesday in an ugly 18-4 Jays loss to a Detroit Tigers split squad. http://www.bearsfootballpro.com/Authentic_Jerrell-Freeman_Bears_Jersey/ . You can watch coverage on TSN, TSN2 and CTV beginning today at 3pm et/Noon pt. The championships will feature approximately 250 of Canadas best figure skaters in senior, junior and novice as they vie for spots on the national team, international assignments and will act as the final step in the 2014 Olympic qualification process. KUALA LUMPUR, Malaysia -- President Barack Obama said Sunday that comments reportedly made by the owner of a U.S. pro basketball team are "incredibly offensive racist statements," before casting them as part of a continuing legacy of slavery and segregation that Americans must confront. "When ignorant folks want to advertise their ignorance, you dont really have to do anything, you just let them talk," Obama said when asked to respond to the reported comments from Los Angeles Clippers owner Donald Sterling. Obamas description of the controversy as part of a larger historical context is the latest example of his continuing willingness to expound on matters of race in his second term. After avoiding much mention of race relations during his campaign to become the first black president and in his first term, the president last summer offered a personal reflection in response to the shooting of black teenager Trayvon Martin. And now Obama has spoken out against an audio recording of a man identified as Sterling telling his girlfriend not to bring black people to games. The firestorm over Sterlings comments has quickly engulfed the National Basketball Association. Obama cast the comments through a broader prism of racism in America, adding that "we constantly have to be on guard on racial attitudes that divide us rather than embracing our diversity as a strength." "The United States continues to wrestle with the legacy of race and slavery and segregattion, thats still there, the vestiges of discrimination," Obama said during a news conference in Malaysia, where he was travelling. Custom Bears Jerseys. "Weve made enormous strides, but youre going to continue to see this percolate up every so often," he added. "And I think that we just have to be clear and steady in denouncing it, teaching our children differently, but also remaining hopeful that part of why statements like this stand out some much is because there has been this shift in how we view ourselves." In the recording attributed to Sterling recording and posted on the website TMZ, a male voice questions his girlfriends association with minorities. TMZ reported the ..............................., V. Stiviano, is of black and Mexican descent. The man asks Stiviano not to broadcast her association with black people or bring black people to games. The man specifically mentions Lakers Hall of Famer Magic Johnson on the recording, saying, "Dont bring him to my games, OK?" Obama said hes confident NBA Commissioner Adam Silver will address the matter. He said the NBA has "an awful lot of African American players, its steeped in African American culture. And I suspect that the NBA is going to be deeply concerned in resolving this." Silver had said the NBA needs to confirm authenticity of the audio tape and interview both Sterling and the ............................... in the recording. He called the tape "disturbing and offensive" and promised to investigate quickly. Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys Cheap Jerseys ' ' '

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