While the Oscar Pistorius judge followed a long tradition by high court judges, of convicting of culpable homicide instead of murder, where murder was the legally appropriate sentence, the Supreme Court of Appeal was appealed to and followed its own long tradition of convicting of dolus eventualis murder, after this article was published. As stated by the author: this is the legally appropriate remedy, but one often disregarded in the high courts. The contents of the article are thus still relevant.
Judges often prefer to be more lenient, while juries are often far harsher. Experienced judges often ignore legal technicality in order to be merciful. Past cases where friendly-fire occurred against perceived threats, have seen putative self defence convictions, and culpable homicide judgements sent forth. The judicial wave suggests that this is the appropriate course, even if the error as to the person who was to be killed has no effect whatsoever on legal guilt-worthiness. If Oscar intended to murder a criminal but murdered Reeva instead, then that is still murder.
But Oscar admitted on the stand that he just shot... possibly an attempt to get off based on sane automatism, but none the less. That sort of behaviour might suggest someone entirely in the present, somebody incapable of perceiving the future, and thus incapable of predicting that their actions would kill another. If this is a reasonable consideration, then dolus eventualis murder is no longer on the table, what is being viewed is the serious crime of culpable homicide at works. No foresight means no eventualis intention. Jub Jub was convicted on dolus eventualis not culpable homicide, not based on what he should have foreseen, but because he well knew school children used the road he drag raced on, at night, and because he did so anyway. It is easy to construct intention in such a case. However, a person gripped by fear, might be more likely not to foresee any consequences of their actions whatsoever.
Courts of law are not about emotion but about proof. A judge with 15 years of experience is far more likely to issue a just verdict than a trial by media, where the advocates involved are journalists seeking sensation and scoops.
On the same facts, in the stead of the honourable judge, I would have found Oscar Pistorius guilty of dolus eventualis murder. That said, the judgement is more than sound. Culpable homicide does not refer to an accident, it refers to guilt. Guilt for which hefty sentences are often to be handed down upon the backs of felons. It is only bloodthirsty to demand that a legal system honed over thousands of years adapt and adopt a system of twitter voting. Many an innocent man has been killed by lynching. Many a murder has been committed on accusations of things such as witchcraft. These procedures safeguarded in the wisdom of our constitution, as utterly essential. We cannot send a person to jail because the Daily Sun alleges that one of their readers is being haunted by the Tokolosh or any other mystical creature that media juries are likely to take much account with.
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Judges often prefer to be more lenient, while juries are often far harsher. Experienced judges often ignore legal technicality in order to be merciful. Past cases where friendly-fire occurred against perceived threats, have seen putative self defence convictions, and culpable homicide judgements sent forth. The judicial wave suggests that this is the appropriate course, even if the error as to the person who was to be killed has no effect whatsoever on legal guilt-worthiness. If Oscar intended to murder a criminal but murdered Reeva instead, then that is still murder.
But Oscar admitted on the stand that he just shot... possibly an attempt to get off based on sane automatism, but none the less. That sort of behaviour might suggest someone entirely in the present, somebody incapable of perceiving the future, and thus incapable of predicting that their actions would kill another. If this is a reasonable consideration, then dolus eventualis murder is no longer on the table, what is being viewed is the serious crime of culpable homicide at works. No foresight means no eventualis intention. Jub Jub was convicted on dolus eventualis not culpable homicide, not based on what he should have foreseen, but because he well knew school children used the road he drag raced on, at night, and because he did so anyway. It is easy to construct intention in such a case. However, a person gripped by fear, might be more likely not to foresee any consequences of their actions whatsoever.
Courts of law are not about emotion but about proof. A judge with 15 years of experience is far more likely to issue a just verdict than a trial by media, where the advocates involved are journalists seeking sensation and scoops.
On the same facts, in the stead of the honourable judge, I would have found Oscar Pistorius guilty of dolus eventualis murder. That said, the judgement is more than sound. Culpable homicide does not refer to an accident, it refers to guilt. Guilt for which hefty sentences are often to be handed down upon the backs of felons. It is only bloodthirsty to demand that a legal system honed over thousands of years adapt and adopt a system of twitter voting. Many an innocent man has been killed by lynching. Many a murder has been committed on accusations of things such as witchcraft. These procedures safeguarded in the wisdom of our constitution, as utterly essential. We cannot send a person to jail because the Daily Sun alleges that one of their readers is being haunted by the Tokolosh or any other mystical creature that media juries are likely to take much account with.
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