Paralympics – 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 Verdict Opens Dialogue About Defense, But is South Africa Listening? https://legacy.lawstreetmedia.com/news/pistorius-verdict/ https://legacy.lawstreetmedia.com/news/pistorius-verdict/#respond Tue, 16 Sep 2014 19:12:52 +0000 http://lawstreetmedia.wpengine.com/?p=24623

Pistorius was found guilty of culpable homicide in the Steenkamp case.

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Image courtesy of [Jim Thurston via Flickr]

The strange, long, and twisted tale that was the death of Reeva Steenkamp, girlfriend of Olympic athlete Oscar Pistorius, has started to reach its close. Pistorius was found guilty of culpable homicide in the Steenkamp case.

Oscar Pistorius is a South American athlete who made history by being the first double amputee in the Olympic Games, and has an incredibly impressive Paralympics resume.

But on the morning of February 14, 2013, that all changed. Pistorius shot and killed his girlfriend Reeva Steenkamp through the locked bathroom door. She was a South African model, and the pair had been dating for three months. Pistorius admitted from the beginning that he had shot her, but claimed that he had thought that she was an intruder.

The facts that came out during the subsequent trial were dark. In addition to the being put on trial for killing Steenkamp, Pistorius also faced two charges for illegal handling of his firearms, and a fourth charge for illegal possession of some of the ammunition that was found in his home after Steenkamp was killed.

During the trial, a break was taken so that Pistorius could be evaluated by doctors and receive a psychiatric evaluation. He has been diagnosed with generalized anxiety disorder, which was used by the defense to explain his concern about an intruder in his home on the morning of February 14. Merryll Vorster, a forensic psychiatrist who testified during the trial, explained that Pistorious’ anxiety disorder was most likely why he always slept with a firearm under his pillow. Vorster also explained that Pistorius did not have his prosthetics on when he shot at the door, indicating that a fight mechanism may have been ignited in Pistorious — he literally could not flee.

Judge Thokozile Matilda Masipa stated on Thursday that Pistorius was not going to be found guilty of murder, but left the other charges for Friday.

The culpable homicide verdict, announced Friday, translated into American justice system terms, essentially means that he was found guilty of involuntary manslaughter. He acted negligently when he shot four shots through his closed door without knowing who or what was on the other side. He won’t actually be sentenced until next month, and what his sentence will actually end up being has a huge range. He could serve up to fifteen years in prison, or a sentence that is significantly shorter. Judge Masipa has received significant criticism for her ruling.

Given that no one will really ever know what happened in Pistorius’ house that fated Valentine’s Day morning, the verdict is understandable. Yet there is still a lot of backlash from those who believe it’s not quite enough. And Pistorious’ actions after receiving the verdict don’t do too much to help him. He has said that he’s going to write a book to tell his side of the story, and the South African Olympic Committee has said he is free to run again once he finishes his sentence.

However, the good thing about these much-watched celebrity trials is that occasionally they are high-profile enough to create a national conversation. As Steenkamp’s father put it:

This case in a very strange way has opened a window into people’s lives in South Africa, the way they feel they need to defend themselves with extreme force. People need to think about this.

The story was disturbing, the trial concerning, and the death of Steenkamp incredibly tragic. Yet trials like this do have the opportunity to say something for a nation; hopefully South Africa is listening.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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