crashfrog @ crashfrog @lemm.ee

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2 yr. ago

You've made up your mind that it was a mistaken intruder.

Yes, on the basis of what I know about the crime it's extremely obvious that he shot what he mistook as an intruder, and extremely obvious that he did not engage in a plot to murder his girlfriend for no known reason.

But note that I don't actually have to believe this to conclude that his conviction was unjust. Conviction must result from belief in his guilt beyond reasonable doubt, and since his explanation is exculpatory of murder, if you can't rebut it beyond reasonable doubt, you cannot convict. Defendants in trials are the ones afforded benefit of the doubt, not prosecutors.

And considering only he can know that for sure, I think that's the only reasonable conclusion you can draw.

Right, but then you agree with my position; it was unjust for him to have been convicted of murder because we can't possibly know that he committed murder.

I certainly have no interest in debating all of these hypothetical motives he could have had.

I have no intention of requiring you to. But motive is a necessity for the crime of murder, because murder is the intentional killing of a person, and motive goes to intent.

But she wasn't "hiding", and there were no indications she went there to "flee" rather than just for a piss or something.

If she had been hiding then Pistorius wouldn't have known she was there, unless he was just randomly shooting through all of the closed doors in his house. It's Pistorius you propose she was "hiding" from, right? The "murder" theory just doesn't hold up.

If there's no reason to risk it if you're trying to murder your girlfriend there's no reason to risk it against an attacker.

No, that's clearly untrue. That's quite easy to rebut:

1. If you're trying to murder your girlfriend, you know you have the advantage because you're catching her by surprise. People are pretty shocked when you pull a gun and shoot them. You don't need the door to be in the picture, because you know you have the only gun in the house. You don't want the door in the picture because having attempted the crime, you have to succeed or you're toast. So you don't want a door in the way, messing up your aim.
2. If you believe you've been caught by surprise by an invading attacker, then you do want your own advantages, especially as a double amputee who can't sleep with his legs on. They may have brought a gun. They may not know you have one. You want to catch them by surprise if you can, and it actually doesn't matter if you shoot and miss because it's just as good to drive them off as it is to hit them. You want to fire through the door because that's an advantaged position.

I don't think there are actually any unknowns, here. Pistorius fired on someone he mistakenly thought was invading his home after a string of such invasions in the neighborhood. As a double amputee he figured he was in a particularly poor position to wrestle with an able-bodied attacker, so he denied the "attacker" the chance to go for the gun. Firing a gun without eyes on the target might very well constitute legal recklessness, but I'm not sure Pistorius had good reason to believe he was in a position to exercise that diligence. Despite the fact that he's a Paralympian, he's actually in a worse position than almost everyone when it comes to defending himself from violence.

I don't think that it is, no. The law, of course, does work differently in South Africa but in the jurisdictions I'm familiar with, "well it could have happened" isn't a basis on which you can secure conviction beyond reasonable doubt.

Right, except that both the "abuse" and the "fight" were just speculation by the prosecutor. There was no evidence of either.

In any case the crime as proposed by the prosecutors never made any sense: someone actually intent on murder doesn't put a door in the way.

In what respect would the crime not matter if you're a "child"? Minors frequently participate as attackers in Hamas attacks. If Israel didn't apply punitive detention to anyone under 18, then every Hamas attacker would be under the age of 18.

None of the Palestinian prisoners released today had been imprisoned for "stone-throwing." One woman stabbed several Israelis with a knife.

Throwing a rock at someone can cause grievous injury or death. We're not talking about pebbles; they're throwing multi-kilogram stones in an attempt to damage IDF property and harm IDF soldiers.

And you may say "ok, well, that's war; soldiers and their equipment are fair game" and that's fair, but if you attack enemy soldiers that makes you a soldier, whatever your age might be.

So the IDF can either capture and imprison these people, or they can shoot them. Sometimes they do - the prisoners held by IDF are the ones they didn't.

Sure, but the prosecution had no evidence that Pistorius had abused Steenkamp, or anyone. Only that she'd been shot by him though an opaque door.