Pistorius – 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 Oscar Pistorius Leaves Prison to Chill at Uncle’s House in South Africa https://legacy.lawstreetmedia.com/blogs/sports-blog/pistorius-leaves-prison-chills-uncles-house-south-africa/ https://legacy.lawstreetmedia.com/blogs/sports-blog/pistorius-leaves-prison-chills-uncles-house-south-africa/#respond Mon, 26 Oct 2015 15:12:39 +0000 http://lawstreetmedia.com/?p=48799

Is he paying a big enough price for the death of Reeva Steenkamp?

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Image courtesy of [Will Clayton via Flickr]

Oscar Pistorius, the South African Olympian and double-amputee known as “Blade Runner,” was released from prison last week. In October of 2014 he was found guilty of killing his girlfriend, Reeva Steenkamp, and sentenced to five years in prison. Pistorius was charged with culpable homicide as opposed to manslaughter, a crime which would have merited more jail time.

Pause for a reminder: Pistorius claimed that the day he “accidentally” killed Steenkamp, he mistook her for an intruder. Pistorius killed Steenkamp on Valentine’s Day. Steenkamp was set to give a speech on domestic abuse the day she was killed.

Needless to say, many South Africans (including Steenkamp’s family) do not believe that the athlete mistakenly shot his model/reality star girlfriend. They believe the killing was intentional, and that Pistorius got caught up in his own lies.

Elements of Pistorius’ testimony did not add up with forensic analysts’ findings. According to BBC:

A forensic analyst contradicted Mr Pistorius’ claim that he was wearing his artificial legs when he tried to break open the toilet door with a cricket bat after realising Ms Steenkamp was inside. Police Colonel Johannes Vermeulen said the angle and location of the marks on the door suggested Mr Pistorius was on his stumps.

If Pistorius lied about not having his prosthetics on, what else did he lie about? Why did he shoot his firearm multiple times if he thought the noises he heard were just an intruder?

Thankfully, Pistorius will not have access to firearms while on house arrest in (ahem) his uncle’s tricked-out mansion. He is also required to attend regular counseling sessions, so long as he is “doing time”–which, as of now, means four more years.

To the American mind, it seems crazy that a man found guilty of being involved in the death of his girlfriend could possibly receive such a lenient sentence. However, under South African law, “an offender sentenced to five years or less in jail can be released to correctional supervision after serving one-sixth of the term—in Pistorius’ case 10 months.” Indeed, Pistorius has served a bit more than one-sixth of his sentence, so it should not come as a shock that he has been released from Kgosi Mampuru II jail in Pretoria, where he was being held.

What should come as a shock is that Pistorius was held in the hospital section of the jail, rather than in the cells with the other 7,000 inmates who are not celebrities or well-known athletes. As past Law Street articles have stated, it is problematic when a celebrity uses his or her status to acquire special treatment while incarcerated. Yes, it is true that Pistorius would have needed additional medical support as an imprisoned double-amputee in jail. However, he received preferential treatment as a celebrity athlete, which unjustly separated him from the rest of the prison community.

Additionally, Pistorius was released a full day earlier than what was announced by the State Department, in order to avoid a media firestorm. Surely no other prisoner would have been afforded the luxury of a 24-hour head-start after their release was already announced. It’s time for South Africa to re-assess its court procedures when dealing with high-profile suspects and prisoners. (Heck, it should also consider overturning the 1969 law that abolished trial by jury.) But hey, some countries have to walk before they can run like a convicted Olympian.

Corinne Fitamant
Corinne Fitamant is a graduate of Fordham College at Lincoln Center where she received a Bachelors degree in Communications and a minor in Theatre Arts. When she isn’t pondering issues of social justice and/or celebrity culture, she can be found playing the guitar and eating chocolate. Contact Corinne at staff@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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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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