[Magdalen] Pistorius Trial.

ME Michaud michaudme at gmail.com
Sat Sep 13 04:57:25 PDT 2014


Loads of South Africans hereabout, notably Margaret Marshall, former
Chief Justice of the Massachusetts Supreme Court, whose decision
in Goodridge is read at many weddings today.

There seems to be a Harard/EDS-to-South Africa-and-back connection
that renders the accent very familiar to us here.

Does South African law acknowledge the difference between intent and
pre-meditstion? People here do sometimes, judges here do ... usually.

I have seen little of this on the news here, but was struck by how childish
his behavior was. We'd have called it  "bratty remorse."
-M

On Saturday, September 13, 2014, Sally Davies <sally.davies at gmail.com>
wrote:

> The problem is he was found not guilty of murder "dolus eventualis"; only
> on culpable homicide. That carries no minimum sentence, though Judge Masipa
> does have the option of a heavy-ish jail sentence.  He knew what bullets he
> had in the gun and in previous cases self defence hasn't been accepted as
> an excuse when using Black Talon ammo that literally explode when they hit
> flesh, hence Reeva's terrible wounds. So why cut Oscar slack when he used
> them knowing what they do i.e. "zombie stopping"??
>
> I disagree with her on the facts as well - firstly that "relationships are
> unpredictable"- the work of Gottman and others says they are in fact highly
> predictable, just as human behaviour can be predictable in general, though
> not 100%. Also, that the accused's remorseful behaviour after the shooting
> indicates that he did not intend to
>


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