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      court to determine if he suffered fro

      The Oscar Pistorius trial has resumed following a month long break. Baseball Jerseys China . 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. Nike MLB Jerseys Outlet .com) - Robert Martin and Josh Hicks combined for more than 300 yards rushing and three touchdowns, as Rutgers rolled past North Carolina, 40-21, in the Quick Lane Bowl. Wholesale Nike MLB Jerseys China .The Canadian teenage golf sensation announced Thursday shell join the LPGA Tour in 2015 instead of attending the University of Florida.MADRID, Spain -- Real Madrids attack brought one Rayo Vallecano player to tears before its defence nearly spoiled another tremendous performance from Cristiano Ronaldo in a 3-2 win on Saturday. Madrids victory kept it six points behind Spanish leader Barcelona, but only just as it nearly blew a three-goal lead during a frantic finish set off after it surrendered a pair of second-half penalties. Madrid coach Carlo Ancelotti will have no conundrum about selecting his attack for Tuesdays Champions League match at Juventus as Ronaldo, Gareth Bale, and Karim Benzema once again showed Madrids potency up front. Rayo defender Anaitz Arbilla was in tears after being substituted in the 51st minute, moments before Jonathan Viera scored a pair of spot kicks to turn the game with Madrid on the verge of conceding an equalizer at Vallecas Stadium right to the final whistle. Coach Carlo Ancelotti called Madrids second half defensive performance "disastrous." "To think that the game is over when youre winning 3-0 is a grave error," Ancelotti said. "Its happened twice now, and I am sure it will not happen for a third time." Madrids attack picked up from Wednesdays 7-3 win over Sevilla as Luka Modric sent Ronaldo racing down the left and skipping past his marker to move clear into the area and fire the third-minute opener past goalkeeper Ruben Martinez. Bale picked out Benzema inside the area with a cross from the right to head home in the 31st for 2-0. The winger showed cleverness when he flicked a ball over Arbilla to get free along the goal-line and he picked out Ronaldo streaking into the area to fire into the top of goal in the 48th. Madrid was dominating the bottom table club until Pepe kicked out at Viera -- whose inopportune touch earlier waived off a Iago Falque goal bbecause of offside -- and Marcelo flew into Alberto Bueno to set up Vieras goals in the 53rd and 55th. China Nike MLB Jerseys. "Whats happened to us in these last two games is not just down to coincidence," Ancelotti said. "Weve got to change our attitude and rid ourselves of this air of superiority we have on the field." Diego Lopez certainly earned his reported salary boost as the Madrid goalkeeper got a tip to Buenos smash for it to find the post, and he recovered to save from Lass Bangoura as his 65th-minute shot ricocheted through the area on goal. Substitute Adrian Gonzalez nearly scored on his first touch, just rolling wide, as the hosts came close while goalkeeper Ruben Martinez denied Ronaldo late at the other end. Barcelona leads Atletico Madrid by four points, and Madrid by six. Atletico plays Athletic Bilbao on Sunday. Earlier, Real Sociedad crushed 10-man Osasuna 5-0 ahead of its must-win Champions League game against Manchester United. Sociedad dominated the visitors at its Anoeta Stadium with Ion Ansotegi, Inigo Martinez, and Antoine Griezmann all scoring through headers from set pieces, with the last coming after Osasuna defender Jordan Loties was shown a red card. Haris Seferovic released Chori Castro to score in the 81st minute before capping the rout himself by scoring Sociedads fifth with two minutes to play. Sociedad goes into Tuesdays match against the English champions winless in the continental competition. Beto gifted a pass to Alex Lopez to score an easy goal as the Portuguese keepers glaring error allowed Celta Vigo to win 1-0 away at Sevilla, which has lost two straight. Also, Rodrigo Rios scored his sixth goal with what TV replays showed was his hand as Almeria beat Valladolid, which played with 10-men over the final 15 minutes, 1-0.Cheap Nike NFL Jerseys Cheap Adidas Hockey Jerseys Wholesale Nike Baseball Jerseys Wholesale Jerseys From China Wholesale Jerseys China Wholesale NFL Jerseys China Cheap Nike NFL Jerseys Free Shipping Cheap Nike NBA Jerseys Authentic Cheap NHL Jerseys Canada Cheap Nike MLB Jerseys Cheap Soccer Jerseys China NCAA Jerseys Cheap Nike NHL Jerseys China Wholesale Jerseys China Cheap Jerseys Store Cheap Football Jerseys Store Wholesale Soccer Jerseys Jerseys NCAA China Jerseys NFL Cheap Cheap Nike NBA Jerseys ' ' '

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