Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Are_grits_groceries

(17,111 posts)
Thu Dec 3, 2015, 04:51 AM Dec 2015

BREAKING: Oscar Pistorious convicted of murder as prosecutor's appeal is granted

Last edited Thu Dec 3, 2015, 05:36 AM - Edit history (1)

#BREAKING: Supreme Court of South Africa convicts former Olympic athlete Oscar Pistorius of murder - ABC News Australia

He has to return to court to be resentenced.

19 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
BREAKING: Oscar Pistorious convicted of murder as prosecutor's appeal is granted (Original Post) Are_grits_groceries Dec 2015 OP
Good Liberal_in_LA Dec 2015 #1
Great news.. busterbrown Dec 2015 #2
Good! bravenak Dec 2015 #3
They don't have double jeopardy there? Kalidurga Dec 2015 #4
Wow.. How is that possible? darkangel218 Dec 2015 #5
They do have double jeopardy protection, but the judge ruled they are appealing based on her CBGLuthier Dec 2015 #6
Ha that is so weird. darkangel218 Dec 2015 #7
I was curious about it too. CBGLuthier Dec 2015 #8
Thats true. I guess there are loopholes around the double jeopardy too. darkangel218 Dec 2015 #9
they would have to retry under other charges.... which is a possibility here, but the judges say bettyellen Dec 2015 #11
This is a very important decision malaise Dec 2015 #10
Race? KamaAina Dec 2015 #15
Then you miss how people felt about him getting off virtually scot free n/t malaise Dec 2015 #16
Oh, right. KamaAina Dec 2015 #17
Fan-fucking-tastic. beam me up scottie Dec 2015 #12
Can't say I'm sad for him Dorian Gray Dec 2015 #13
The wheels of Justice grind exceedingly slowly COLGATE4 Dec 2015 #14
Guess there's a lot I don't know about SA laws... Blue_Tires Dec 2015 #18
Good, hopefully this will finally wipe that obnoxious smirk off his face. smirkymonkey Dec 2015 #19

Kalidurga

(14,177 posts)
4. They don't have double jeopardy there?
Thu Dec 3, 2015, 05:00 AM
Dec 2015

Not that it makes me sad he was convicted, he should have been convicted at trial. The only reason I can see that he didn't is his star power. Try that terrible defense if you have no money and people will think you are trying to pull their leg and you go to jail.

CBGLuthier

(12,723 posts)
6. They do have double jeopardy protection, but the judge ruled they are appealing based on her
Thu Dec 3, 2015, 05:30 AM
Dec 2015

interpretation of the law. Seems they can do that claiming the judge made a reversible error.




Masipa agreed with the prosecutors that the verdict was based on her interpretation of law. An appeal can only be granted on a question of law rather than fact.

http://www.theguardian.com/world/2015/mar/13/oscar-pistorius-challenge-against-state-appeal-thrown-out

CBGLuthier

(12,723 posts)
8. I was curious about it too.
Thu Dec 3, 2015, 05:35 AM
Dec 2015

The only way they could do that in the US is if they can prove that jeopardy was never attached because of jury tampering or bribing a judge or some such thing.

 

darkangel218

(13,985 posts)
9. Thats true. I guess there are loopholes around the double jeopardy too.
Thu Dec 3, 2015, 05:37 AM
Dec 2015

I personally think its unfair they can so easily decide to re trial and up the charges.

Could they up the charges here as well, with the existing loop holes?

 

bettyellen

(47,209 posts)
11. they would have to retry under other charges.... which is a possibility here, but the judges say
Thu Dec 3, 2015, 06:03 AM
Dec 2015

it is a waste of time considering the evidence has not changed.
They say the first judge got hung up on whether or not the prosecution proved that they fought, and it was the "intent" to kill "her" wasn't proved. New judges say who was shot snd them fighting doesn't matter, the bathroom was so tiny he gambled on killing whoever was in there. And he was not threatened or defending himself, so he had no right to do that.
Basically, it is not Florida.

beam me up scottie

(57,349 posts)
12. Fan-fucking-tastic.
Thu Dec 3, 2015, 06:09 AM
Dec 2015

I hope they throw the book at him, that sentence was a slap on the wrist for a murderer.

The best news I've heard all week.




Dorian Gray

(13,488 posts)
13. Can't say I'm sad for him
Thu Dec 3, 2015, 07:21 AM
Dec 2015

He's a murdering scumbag.

But I do find that the prosecution can appeal the decision in a case like this troubling. I'm glad it wouldn't likely happen in the US.

Latest Discussions»General Discussion»BREAKING: Oscar Pistoriou...