13 September 2014

Debate after Pistorius verdict


Time has an article by Stephanie Findlay about Pistorius, and  one by Denise Brown making a comparison between Pistorius and Simpson:
The Paralympian has been found guilty of culpable homicide in the shooting of his girlfriend, after being acquitted of the more serious charge of murder, a verdict that has provoked an ugly response among some in the country
The knee-jerk reaction within South Africa to Oscar Pistorius being acquitted of murder was as swift as it was ugly. Pistorius paid off Judge Thokozile Masipa, said some. He got off because he was an influential sports star, said others. Many said they wanted to see him behind bars for murder. “I think he paid the judge,” said Pontsho Mabogwane, a twenty-year-old student sitting in a park near the courthouse. “I want him to go to jail.”
Mabogwane isn’t the only one who lacks confidence in the country’s legal system. Once an example of success in the country’s post-apartheid democracy, the judiciary is now seen as favoring the wealthy and high-ranking, with top prosecutors allegedly appointed more for their political loyalty than their commitment to the constitution. In his decision to allow cameras inside the courtroom, Judge Dunstan Mlambo, who ruled that the trial should be broadcast live back in February of 2014, before the court proceedings began, noted that the decision should help counter the belief that the law in South Africa treats the rich “with kid gloves”.
Yet when Pistorius was acquitted of all murder charges— instead Judge Masipa found him guilty of culpable homicide after shooting dead his model girlfriend Reeva Steenkamp— it appeared to some as though the 27-year-old star sprinter had joined the ranks of other rich, famous people who dodged the full wrath of the law. “His intention was to kill whoever was behind that door,” said Nkosi Nkambule, a 39-year-old IT worker standing outside the courthouse. “We sincerely hope the state will appeal,” he said, “surely justice will be served.”
Disappointment in the judiciary has been exacerbated by legal experts in the country who have criticized Judge Masipa’s interpretation of murder— and the potential effect is has on the country’s reputation. In her concise ruling, Judge Masipa said Pistorius should not be found guilty of murder because he could not have foreseen he would kill Steenkamp when he fired four shots at the toilet door early Valentine’s Day morning in 2013. “Not only does it appear to be a misunderstanding of the facts, but a misapplication of the law,” said Martin Hood, a criminal lawyer based in Johannesburg, “as a result of that, the perception persists that South Africa is not only a country that is riddled with crime, but you can get away with it.”
The sentence for culpable homicide is up to the judge’s discretion, with a maximum of fifteen years in jail. Still, there is a possibility of Pistorius escaping prison altogether, given his status as a first-time offender and the notorious state of South Africa’s jails, which are violent and overcrowded. Those familiar with the country’s courts say there is a chance the Paralympic gold medallist won’t be wearing an orange jumpsuit. That’s primarily because of two reasons, says Pauli van Wyk, a crime and court reporter for Beeld, an Afrikaans newspaper in South Africa. “Culpable homicide is not that strenuous a charge and South African jails are to-the-brink full,” said Van Wyk, “so if the guy doesn’t pose a threat to anyone and he says its an honest mistake and he can be rehabilitated, they try and let them go home.”
William Booth, a criminal lawyer based in Cape Town, believes a lot of the outrage could have been dissipated by a more comprehensive ruling from Judge Masipa. “I think the South African public are dissatisfied because she didn’t explain exactly why she came to her ruling,” he said, “I don’t think she gave sufficient reasons.” Without that explanation, the Pistorius verdict doesn’t sit well with Mabogwane and others who are cynical about the South African legal system. As Mabogwane put it,:“you can’t just shoot the person and walk free”.
Denise Brown runs the Nicole Brown Foundation in honor of her sister, who was murdered by OJ Simpson in 1994:
Until we have zero tolerance for domestic violence, especially from male athletes, we will see this horror played out again and again.
The Ray Rice case reflects our misunderstanding of what domestic violence is, and the Oscar Pistorius case reminds me so much of what happened to Nicole: victims defending their partners, and batterers blaming the victim.
What is most chilling to me about what I have seen in the coverage of Ray Rice is that he has not atoned for his actions; he seems more concerned with how he is now viewed. And it’s Janay Palmer who is apologizing for her part of being knocked out cold. This is a dangerous dynamic.
My sister was once overheard saying, “He’s going to kill me and get away with it.” And it’s been alleged that O.J. Simpson was once overheard screaming at my sister’s grave and blaming her for what she has done to him and his life.
Until all of us have zero tolerance for domestic violence, especially from male athletes— who, with their superstar statuses, are protected and coddled rather than held up to a higher standard of being— we will see this horror played out again and again.
I am heartened that the public has stepped up and pressured the the NFL to do better. It is a shame that when the NFL was originally presented with a police report clearly stating: “Bodily injury… Striking her with his hand, rendering her unconscious,” they only fined Ray Rice two games. I pray the League finally takes its role in domestic violence among their players more seriously.
NFL players are the gladiators of our time; they are essentially trained killing machines. Thus they can be as dangerous as loaded guns. I encourage the NFL to educate their executives and players on the dynamics of domestic violence. Perhaps some day they will learn that doing the right thing is the best thing for their bottom line.
Domestic violence is about one human being needing to control another. It’s not about love. Without comprehensive education for both the perpetrator and victim, what I have learned is that, if it happens once, it will happen again, and it can escalate until the victim gets killed. Both individuals need counseling and education to understand these dynamics. The victim needs to understand that nothing she has said or done warrants being assaulted or verbally abused. The perpetrator needs to understand that there are no justifications— ever, ever, ever— to assault his partner physically or emotionally.
Janay Rice speaks like many women I have come in contact with over the last twenty years, whom I have met through my domestic violence work. She defends her husband, she blames herself, and she tells everyone to stay out their personal business. Well, unfortunately, it is our business when it comes to trying to save someone’s life, and educate them about the cycle of violence.
It will take all of us to be courageous enough to step up when we see anyone being bullied or abused. It will help save not only the lives of our daughters, sisters, mothers, and friends but also our sons, brothers, and fathers.
Rico says he has zero tolerance for violence against women...

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