Will The South African Paralympian Oscar Pistorius Go To Prison?
On Tuesday, Oscar Pistorius will finally learn his fate when Judge Masipa sentences the former Olympian for the death of Reeve Steenkamp. ...
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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 it's 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 hasn't 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 Africa's 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.
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.
Source: Olympics
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 it's 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 hasn't 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 Africa's 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.
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.
Source: Olympics
