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On Tuesday, Oscar Pistorius will finally learn his fate when Judge Masipa sentences the former Olympian for the death of Reeve Steenkamp. Pistorius was found guilty of culpable homicide, which means Judge Masipa concluded he acted negligently when he killed Steenkamp. So by passing on the more severe charge of murder, Judge Masipa was saying she believed the shooting was an accident. Prison Time: Culpable Homicide Under South African law, the legislation does not provide for specific prison time for culpable homicide. Rather, 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. Still, given its discretionary nature, it’s possible that Pistorius will not face any prison time. Last week, the sides were back in Court for the sentencing hearing. During the hearing, both sides called witnesses with a view to persuading Judge Masipa of an appropriate punishment for Pistorius. Remember, since there is no jury system in South Africa, Judge Masipa will decide the punishment. Correctional Supervision v. Prison Pistorius’ lawyer, Barry Roux, is calling for three years of correctional supervision. Correctional supervision is a community-based sentence which is served by the offender in the community under the control and supervision of correctional officials, subject to conditions which have been set by the court or the Commissioner of Correctional Services, in order to protect the community and to prevent relapse into crime. Under correctional supervision, Pistorius could serve initial time in prison and then be released to serve the balance of his sentence under house arrest. Alternatively, he could be released immediately without spending any time in prison and serve his sentence under house arrest. Gerrie Nel, lead counsel for the prosecution, is demanding 10 years in prison and has said that house arrest would be “shockingly inappropriate” given the circumstances. Sentencing Hearing: In Support of Pistorius During the sentencing hearing, Roux was attempting to convince Judge Masipa that Pistorius was a man of good character who was genuinely remorseful and contrite for killing Steenkamp. As well, Roux sought to establish that South African prisons were incapable of accommodating someone with a disability and that Pistorius was not a threat to the community at large. The evidence presented by Roux was designed to seek the mercy of the Court and leniency during sentencing. To that end, Roux called a number of witnesses that painted a positive, honorable picture of Pistorius, while describing prisons in very unfavourable terms. First up was Dr. Lore Hartzenberg, a psychologist who treated Pistorius in 2013 after the killing. She testified that Pistorius was a “broken man” who has lost his friends and career, as well as his professional and moral reputation. Here are some of the statements she made in Court: - Some therapy sessions were just Pistorius crying, weeping and me holding him - He often showed signs of grief or remorse; sessions often had to be re-scheduled because he was so grief-stricken - When recounting sensory perceptions of the event, he would retch, sweat, pace up and down - signs of trauma. - He hasnt reached a stage of healing and acceptance - Pistorius was diagnosed with Post Traumatic Stress Disorder. He will carry flashbacks with him forever. - His remorse and pain is genuine. - We are left with a broken man who has lost everything. The next witness called by Pistorius’ team was Joel Maringa, a social worker for the Department of Correctional Services. In place of prison, Maringa recommended that Pistorius serve three years of house arrest together with community service, including 16 hours of domestic cleaning. We are basically not saying that he should be destroyed because he will still be coming back into the community, Maringa told the court. Pistorius: An Inspirational Figure Roux then called Petrus van Zyl, Pistorius’s business manager. He described Pistorius as an inspirational figure who has done a lot of charity and volunteer work. Van Zyn also spoke of Pistorius’ work with children, the positive reaction that the children and charities have to the Olympian and the fact that he sometimes let kids beat him in races. Finally, Roux called probation officer Annette Vergeer. She thought it was “highly unlikely” Pistorius would reoffend. She also testified that the prison facilities could not accommodate a person with a disability. She also believed that Pistorius would be a target in prison as a result of his celebrity and was at risk of gang rape, AIDS, tuberculosis, beatings and drug use. Prison would break him as a person, she told the court. She also recommended three years of house arrest. On cross examination, she admitted that her conclusions regarding prison conditions were based on a speech made in 2005 by a government official. For that reason, during closing arguments Nel described Vergeer’s testimony as “sketchy”, “outdated” and “negatively biased”. Prosecution Calls Its Witnesses The prosecution called Kim Martin, Steenkamp’s cousin. The goal of her testimony was to show how Steenkamp’s death devastated her family and friends. Nel also called Zach Modise, acting head of South Africas Correctional Services. He painted a more positive picture of South African prisons and testified that they could achieve the goal of correction, reform and rehabilitation. These are key guiding sentencing principles for Judge Masipa. I carved out a lot of the testimony from the sentencing hearing and played it on my radio show Offside together with my commentary. Click here to listen. The Decision It’s difficult to predict Judge Masipa’s sentence because she made a grave error of law in not finding Pistorius guilty of murder. However, if precedent is to guide us, Pistorius should be sentenced to 5 to 10 years in prison – and closer to 7 years. If the sentence is considered light by the prosecution, expect to see an appeal. On the flip side, Pistorius will likely appeal any jail time. Going into tomorrow, the only certainty in Pretoria is uncertainty. Whatever the outcome, no one should be surprised and some will be disappointed. wholesale nfl jerseys . SCA Promotions has sought to reopen a 2006 settlement paid to Armstrong since his 2013 admission to using performance-enhancing drugs during his cycling career to win the Tour de France. The arbitration panel that first approved the settlement agreed to reconsider the case, and a Dallas judge last week rejected Armstrongs attempts to stop it. cheap nfl jerseys .Y. -- Henrik Lundqvist had his game-day face on at practice. http://www.cheapnfljerseysauthentic.us.com/ . Saturday afternoon Jermaine Gabriel will make his first CFL start far, far below those nosebleed seats. Gabriel was born and raised in Scarborough, Ontario, in Torontos east end. cheap jerseys . 2 Kentucky recovered from a halftime deficit for a 73-51 win over Arkansas-Little Rock on Tuesday. wholesale jerseys . All he ever really cared about was making the Nittany Lions winners. OBrien succeeded against heavy odds, overcoming a lack of scholarships, a bowl ban, and player defections.COMMERCE CITY, Colo. -- The Colorado Rapids have turned around their season. Quite a change from June 23 when they were 5-7-5, in the midst of a painful slide. "We kept putting in hard work and kept believing in what we are doing in our training," Colorado coach Oscar Pareja said. "The most important thing is the group is convinced and committed with the club." Hendry Thomas scored in the 41st minute and the Rapids shut out the Los Angeles Galaxy 2-0 Saturday. Dillon Powers added a goal and an assist for Colorado (9-7-7). The Rapids beat the Galaxy for the first time in seven meetings and had been 0-5-1 over that span. Colorado is unbeaten, 4-0-2 in its past six games after going through a 0-4-1 stretch. "This team knows that no one is bigger than the club and they play as a team," Pareja said. "That is the key." Thomas found space between two defenders when Powers lined up for a corner kick. Powers put the ball right on the head of Thomas, whose header sailed past goalkeeper Carlo Cudicini. "Dillon has given us so much in his area of the field," Pareja said. "I thought he has really matured." Los Angeles (10-9-3) was looking for its fifth win in seven matches. The Galaxy were shut out for the sixth time this season in falling to 1-6-0 in their past seven road games. "We played very well in the first half," Los Angeles coach Bruce Arena said. "We had a mental lapse for thee goal.dddddddddddd That was it." Colorado added a goal in the 47th minute when Edson Buddle found Powers in stride just over the midfield stripe. Cudicini came out to stop the shot, but Powers got the ball under the lunge of Cudicini. The Galaxy were without Landon Donovan and Robbie Keane. Donovan missed his fifth straight game due to service with the U.S. national team while Keane sat out with a left hip flexor strain suffered the previous weekend. Hector Jimenez found an opening in the 15th minute, but fired a shot over the crossbar for Los Angeles. Juninho barely missed with a shot from 30 yards in the 22nd minute. His shot grazed the left post. Irwin caught a shot from the left wing by Todd Dunivant at the close of the half in added time. Referee Juan Guzman issued three yellow cards in the first half. Thomas drew a yellow card for upending Juninho in the ninth minute. Thomas will serve his second suspension of the season when the team plays Aug. 3 against Real Salt Lake. Juninho and former Colorado midfielder Pablo Mastroeni received theirs moments apart after disputing non calls. Juninho was hauled down by Shane ONeill in the 30th minute. The Galaxy didnt test Colorado goalkeeper Clint Irwin. Irwin produced his eighth shutout of the season. "That goal at the end of the half was unacceptable," L.A. forward Gyasi Zardes said. "Our team is better than that and we will bounce back when we play again." cheap jerseys wholesale jerseys ' ' '
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