Carmelita
Former Member
- Joined
- Feb 28, 2014
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Hi Carmelita. Lovely to see you. You've been missed. As have your eloquent posts :-D x
:seeya:
(((Gryf))))
Hi Carmelita. Lovely to see you. You've been missed. As have your eloquent posts :-D x
Most of the older ones always look a bit smug IMO. The uncle always seems to have that smirk whether things are going good or bad for OP at any particular time. Maybe he's just fantasising about the next elephant or leopard he is going to shoot.yes weekends to chill...maybe at the luxury property Mozambique or one of Uncle Arnie's other places. Pretty much the same lifestyle he will have after his slap on the wrist when this is over. I appreciate all the careful analysis done by so many on the events of that evening...all the experts etc. but in the end...he goes on his merry privileged way just like his brother. To me in the courtroom they all have that very satisfied look like this is under control..."we've got this"
I agree H4M - some other judge (white, male, Afrikaans background) might be worrying at this stage but I also have confidence in Judge Masipa. If the psych evaluation shows he has no psych defence to fall back on I think she will come down hard on him. A month is not so long in the broad scheme of things and on a purely personal level I might get some work done while they psychs are doing theirs'.Can't argue about the power of money....in general, anyway. Personally I have all the confidence in the world that this judge will get it right. Are you aware of her history? She's walked the walk for seeking justice. She has demonstrated over a lifetime that she is a person of utmost integrity and tremendous inner strength and courage, and that she is quite able and willing to stand up to money and power.
Her story of overcoming the disability she was born into...being an intelligent strong black women forced to live in an apartheid nightmare....is the real thing.
If she finds OP guilty of murder I will accept her verdict as just and fair.
What does that mean exactly in this case?
- to appreciate the wrongfulness of his or her conduct.
- to act in accordance with that appreciation.
Didn't "milady" say he has to be there till 4pm or until he is excused... so am i right thinking that somewere along the line they can keep him in overnight for 1-? days just a thought ...
Isn't there an option 3 - knew exactly what he was about to do and was so angry he went ahead and did it anyway?Good afternoon, everyone. Thanks for the updates and some really great links. This one is quite good. I can't remember who posted it, but thank you
http://onthecouchwithcarly.com/2014/05/19/so-who-is-really-there-oscar/
Hi Deb :seeya: this means, in the context of OP's mental state at the time of the shooting Reeva, that the following will be evaluated :
1a. OP did not understand the difference between right and wrong, his actions and their implications,
OR
1b. If he was rendered incapable (again, in the context of his mental state) of restraining himself from firing the shots, while knowing it was wrong to do so.
(criminally non-responsible = acquittal)
OR
2. Understood the above but acted with diminished responsibility or capacity, due to his mental state.
(criminally responsible but with mitigating factors, possibly leading to a lighter sentence)
This is how I understand it. Someone posted this link (thanks again, I wish I could credit you) which goes into good detail :
http://whosyourdadic.com
By the way I have been doing a bit of reading and the Pistorius wealth and power goes back 3 generations, wealth always buys advantage. I do believe that there is a good chance that the panel is going to be defense friendly and I have already stated that I believe the assessors are defense friendly.
JMO
I think he will be able to control his rage, he is facing the known with the evaluation; ethically speaking they cannot try to enrage him. I think he will present as unstable emotionally, I dont know what else will be determined during the evaluation but I do believe it is more likely than not that he will be diagnosed with something. I believe Oscar is emotionally unstable and that he manages his emotions by a rigorous set of controls he has honed over the years through will, practice and his mental training that allows him to have a hyper sense of control when it comes to his sprinting.
I wonder if he will leave SA and live in the UK or Europe if acquitted. If convicted, does he remain free on bail while appealing his conviction?
http://www.theweek.co.uk/world-news...storius-denies-sinister-remark-reeva-s-friend
Oscar Pistorius: will athlete receive 'special treatment'?
Under South African law, Pistorius must go into hospital or prison tomorrow, says criminal lawyer
Mon 19 May 2014
South African courts look set to face allegations of "special treatment" if Oscar Pistorius is not placed in custody tomorrow.
"...Mannie Witz, a criminal lawyer with the Bridge Group at the Johannesburg Bar, has said that under South Africa's Criminal Procedure Act Pistorius must be treated as an inpatient because he did not volunteer for the evaluation.
"He didn't ask to be referred, he opposed it," said Witz, who has been an advocate for more than 35 years and according to CNN once taught Judge Masipa. This means Pistorius would have to go immediately into custody, either in hospital or prison, once he is formally referred tomorrow.
... unless OP is awarded 'special treatment'.
Isn't there an option 3 - knew exactly what he was about to do and was so angry he went ahead and did it anyway?
JMO, but from my experience working in the criminal psychiatric community in the US, it would be easy to fake an eval that isn't done 24/7. It is when people experience the stress of being confined that you see the real person underneath. very few judges that I have known would accept an outpatient eval. We had a relative of a well known person on the unit. He had money and he could convince anyone of anything for awhile. he was very intelligent. He fell apart at night and in the long run he couldn't hold it together for very long. JMO.
About the screaming. It would make more sense anatomically and physiologically speaking, that Reeva was screaming while under threat. This gives credence to the bat being first, as I believe Reeva was in fear for her life. The gunshots, even with a pause, (and correct me if I am wrong) appear to come in rapid succession. Her autonomic nervous system (primal reflex) would have taken over which is responsible for the fight, flight or freeze response.
As Reeva's brain registered that she was being shot at, screaming first, then brain registering shock at the bullet strike to her hip, may have stopped screaming for an instant. This may account for why there was a pause as OP found his target and he might have thought he had eliminated the "threat".
I believe she started screaming again when the bullet missed, then another hitting her arm. I think she stopped screaming as soon as the bullet hit her brain, because there were no further shots. Without conscious brain function, you cannot perceive a threat, take a deeper breath and scream.
IIRC, Dr. Stipps testified that OP had his fingers in Reeva's mouth, presumably trying to maintain an airway. He said that Reeva was biting down on his fingers?which to me means she was decerebrate?. I have to go back and listen to be sure. Reeva may have been agonally breathing at that point.
I am haunted by the testimony of those that heard her screaming. I do not for one minute believe it was OP screaming. JMV
Hi Deb :seeya: this means, in the context of OP's mental state at the time of the shooting Reeva, that the following will be evaluated :
1a. OP did not understand the difference between right and wrong, his actions and their implications
Thank you, aoibhinn. I'm one the "___ for Dummies" books are written for, because I don't know what "the difference between right and wrong" means in this case, as I'm guessing OP's actions weren't "wrong" if an armed intruder had been found dead behind the door.
Nelism: "It goes further"BBM
And to think, the focus has been on OP's flight or fight response and whether it could be a mitigating factor / render him inculpable.
Poor Reeva. That part of your post really struck a chord.
~snipped~IMO Oscars previous overreactions to noises in his house are going to go a long way in the evaluation of his state of mind during the events of the AM when Reeva was killed.