Bladerunner – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Defense Psychologist Calls Oscar Pistorius A “Broken Man,” Unfit To Testify https://legacy.lawstreetmedia.com/blogs/sports-blog/bladerunner-unfit-testify-murder-sentencing-says-psychologist/ https://legacy.lawstreetmedia.com/blogs/sports-blog/bladerunner-unfit-testify-murder-sentencing-says-psychologist/#respond Mon, 13 Jun 2016 20:28:23 +0000 http://lawstreetmedia.com/?p=53129

It's unlikely he will go to the stand, likely to return to prison

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Oscar Courtesy of [Jim Thurston via Flickr]

Former double-amputee Olympic sprinter Oscar Pistorius is a “broken man” and is unfit to testify at his sentencing for murder, according to the defense’s clinical psychologist. Today marks the last week of Pistorius’ highly publicized sentencing trial in South Africa, and a final sentence will be announced by Friday.

Dr. Jonathan Scholtz said Pistorius suffered from anxiety, depression, and post-traumatic stress syndrome, and putting him in jail would only worsen his mental state. Instead, Scholtz suggested that Pistorius be sentenced to community service or be hospitalized.

“Since the offence he has developed a serious psychiatric condition which has become worse over the past two years,” Scholtz said. He also argued that Pistorius did not pose a threat to society, and further incarceration “would not be psychologically or socially constructive.”

Here is a play-by-play of the hearing:

In case you missed it, Pistorius was sentenced in 2013 for killing his girlfriend, Reeva Steenkamp on Valentine’s Day. He said he thought she was an intruder–shooting her through the bathroom door four times.

Since the incident, Pistorius has sold all of his firearms and is still traumatized by the sound of them, according to Scholtz. The prosecution didn’t buy it. Chief prosecutor Gerrie Nel suggested that Pistorius felt sorry for himself and had not shown true remorse. Nel also questioned Scholtz’s claim that Pistorius was unfit to testify, stating he was perfectly fine to do an interview recently with a local television station about the killing.

Pistorius received some harsh backlash on Twitter for being labeled as unfit to testify.

Pistorius was charged with culpable homicide in October 2014, which carries a five year sentence and is similar to manslaughter in the United States. After serving a year in prison, he was released on house arrest. However, because of his athlete-celebrity status, he was unsurprisingly not treated the same as the rest of the prisoners. During his time in jail, he stayed  in a private cell in the hospital wing and he spent his time on house arrest kicking it at his uncle’s mansion. In December 2015, his conviction was changed to murder in the Supreme Court of Appeals, which decided that whoever was behind the door was irrelevant because Pistorius should have known that pulling the trigger would cause death.

The minimum sentence for murder in South Africa is 15 years, but a judge can pare it down depending on the circumstances. Prosecutors and Steenkamp’s family argued at the trial that Pistorius deliberately killed her after an argument, so they are working to ensure he receives the full 15 year punishment. However, Scholtz described Pistorius’s relationship with his girlfriend as “normal” and “loving” with “no signs of abuse or coercion.” Pistorius tried to overturn the upgraded murder charge earlier this year, but failed, which is why a new sentencing hearing was called this week.

Steenkamp was 29 when she was killed, an up-and-coming model, a law school graduate, and a budding reality TV star.

Pistorius, known as the “Blade Runner” for his carbon-fiber prosthetic legs, is known globally for being able to compete against able-bodied athletes, especially during the 2012 London Olympics. He has also competed in three Paralympics.

Judge Thokozile Masipa is presiding over the hearing—the same judge who originally convicted Pistorius.

Inez Nicholson
Inez is an editorial intern at Law Street from Raleigh, NC. She will be a junior at North Carolina State University and is studying political science and communication media. When she’s not in the newsroom, you can find her in the weight room. Contact Inez at INicholson@LawStreetMedia.com.

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Pistorius Can Opt for House Arrest in Just 10 Months https://legacy.lawstreetmedia.com/blogs/sports-blog/pistorius-can-opt-for-house-arrest-in-just-10-months/ https://legacy.lawstreetmedia.com/blogs/sports-blog/pistorius-can-opt-for-house-arrest-in-just-10-months/#comments Wed, 22 Oct 2014 21:04:23 +0000 http://lawstreetmedia.wpengine.com/?p=26961

Olympian Oscar Pistorius may be able to serve just ten months of his five-year maximum sentence.

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Image courtesy of [Jim Thurston via Wikipedia]

Time and time again, celebrities have evaded prison sentences because they claimed to be too fragile for life behind bars. In the case of recently tried and convicted Olympian Oscar Pistorius, he may be able to serve just ten months of his five-year maximum for shooting and killing his then-girlfriend Reeva Steenkamp. After those ten months, he can request to be moved to house arrest in his mansion. That’s a rough life right there.

In Pistorious’ case, it’s a bit tricky. He is a double-amputee, and because of this, many claim that prison is simply not suitable for him. Nooshin Erfani-Ghadimi, project coordinator for the Wits Justice Project, a civil society group, said before the sentencing that she believed Pistorius would probably receive far better treatment than the average prisoner and has throughout the entire judicial process thus far. However, she also noted “I don’t think anyone with a disability necessarily will be able to be provided for at the moment in a way that ensures that they would have the correct medical treatment, that they have the correct physical structures.”

Pistorius’ prosthetic limbs are not the only issue. Health risks such as tuberculosis are often cited as a problem in South African prisons due to poor air circulation, and many fear that he will be susceptible to contracting the illness. Some believe that his celebrity status will make him a target for gang violence.

While defending his client, Pistorius’ attorney, Barry Roux, argued that there is extreme overcrowding in South African prisons. This point is irrelevant, however, as his celebrity status would easily prevent him from sharing a cell. The other health fears such as inmates not receiving their medication because of the inadequate number of health workers in prisons are unlikely to be of valid concern. He is a celebrity. History shows that celebrities receive special treatment in prison.

Efraini-Ghadimi conceded that South African law has policies for accommodating physically disabled inmates. Zach Modise, acting National Commissioner of Correctional Services, pointed out that there are 128 disabled inmates currently doing time and therefore prisons are properly equipped with the appropriate facilities.

Currently, Pistorius is living in a single cell with everything he needs along with access to the medical care for any ailments both physical and psychological. In ten months, he will likely be permitted to move to his home in the Silver Woods Estate in Pretoria.

This case is undoubtedly tricky. If Pistorius did not have his celebrity status, his prison sentence would be of greater concerned because it would mean less special treatment behind bars. For example, a paraplegic man, Ronnie Fakude, struggled with very real concerns while serving a prison sentence; however, he did not enjoy the status as a famous individual the way that Pistorius does.

Just because you are in the media spotlight doesn’t make it okay to commit crimes, and hopefully this case will shed light on that fact, even though he is getting off relatively easily. Even Arnold Pistorius, Oscar’s uncle, said that the family accepted Oscar’s sentence and viewed it as a way for his nephew to pay back society. Perhaps in ten short months Mr. Pistorius can relax in the comfort of his own home again. Only time will tell…

Marisa Mostek
Marisa Mostek loves globetrotting and writing, so she is living the dream by writing while living abroad in Japan and working as an English teacher. Marisa received her undergraduate degree from the University of Colorado in Boulder and a certificate in journalism from UCLA. Contact Marisa at staff@LawStreetMedia.com.

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