The Oscar Pistorius trial has resumed following a month long break. Nike Vapormax Damen 2020 . During that time, Pistorius underwent a psychiatric evaluation at the direction of the court to determine if he suffered from general anxiety disorder (GAD) at the time he killed Reeva Steenkamp. The Charges The issue being determined at trial is whether Pistorius killed Steenkamp intentionally, or as Pistorius alleges, he killed her by accident believing her to be an intruder. Form a legal standpoint, this distinction is really important since it ties into the charges faced by Pistorius. There are three possible scenarios with respect to the charges: Premeditated murder, murder and culpable homicide. Premeditated murder requires an intent to murder plus planning the murder. Premeditation is reserved for more robust planning and generally doesnt capture an intent that materialized right before a crime was committed. There was no significant planning to the crime, so premeditated murder will likely fail. Even if the prosecution cant make out premeditated murder, it can still get Pistorius on the lesser charge of murder. In order establish murder, they only need to show that he intended to kill Steenkamp (no planning element needed).Should the prosecution fail on murder, there is another lesser charge that could come into play: culpable homicide. This charge means that Pistorius negligently killed Steenkamp (or that he killed her by accident). Premeditated murder would get Pistorius a compulsory life sentence, while murder would result in a compulsory sentence of 15 years. For culpable homicide, the sentencing is discretionary (varies from fines to prison time), although its not unusual to see prison time in South Africa of 5-10 years for this type of crime. Facing very serious charges, the defence team wanted to establish that Pistorius should not go to jail because he was mentally ill when he fired those four gunshots the night of Valentines Day. And thats where GAD comes into play. General Anxiety Disorder And Diminished Capacity A defendant that suffers from a mental disorder can be found not criminally responsible on the basis that he or she could not appreciate the difference between right and wrong at the time the crime was committed. If such a finding is made, one possible outcome is the trial ends right then and there, and the defendant is committed to an institution indefinitely. In essence, it would look very much like an acquittal with ongoing psychiatric care. So if it was concluded that Pistorius had a mental disorder that made him incapable of appreciating the wrongfulness of his act, the trial could have come to a very abrupt end and Pistorius could have avoided jail time. Psychiatric Finding The psychiatric report concluded that Pistorius was not mentally ill at the time he killed Steenkamp. As per the report, "at the time of the alleged offenses, the accused did not suffer from a mental disorder or mental defect that affected his ability to distinguish between the rightful or wrongful nature of his deeds". So that means the trial continues and Pistorius does not avoid prison in favour of an institution. Mental Illness No. 2: Post-Traumatic Stress Disorder Things didnt end with GAD. On July 2, the defence team declared that Pistorius was suffering from post-traumatic stress disorder (PTSD) and as result was suicidal. "He is...mourning the loss of Ms Steenkamp," said Barry Roux, Pistorius lawyer. "Should he not receive proper clinical care, his condition is likely to worsen and increase the risks for suicide." Is this a meaningful finding with respect to exonerating Pistorius? No. This mental disorder speaks to Pistorius state of mind AFTER the murder and not before or during the act. The key is in the name of the affliction: POST-traumatic stress disorder and not PRE-traumatic stress disorder. So that means that even if it can be shown that Pistorius suffers from PTSD, his mental illness did not render him unable to appreciate the difference between right and wrong at the time of the killing since he would have only developed the illness after the crime. Accordingly, as far as being a defence to the core issue in this trial, namely that Pistorius did not intend to kill Steenkamp, its irrelevant and of no import. However, the defence team may have raised PTSD as further evidence that Pistorius did not intend to kill Steenkamp. The defence team would argue that Pistorius is distraught to the point of being suicidal because he never intended to kill Steenkamp. If he did intend to kill Steenkamp, he would not be suicidal. Of course, this argument is vulnerable to attack. Pistorius intending to kill Steenkamp is not incompatible with feeling profound remorse and guilt after the fact. Indeed, it could be argued that experiencing feelings of anguish and accountability after intentionally killing someone is not unusual in this type of circumstance. The defence team also raised PTSD so they could rely on it as a possible mitigating factor to reduce his prison time come sentencing. The idea would be that he would need ongoing psychiatric care, which could only be adequately provided in an institution outside of prison. Next Steps Once the defence has called all its witnesses, it will close its case. That should within the next week or so. After that, both parties will present their closing arguments with a view to persuading the court of their respective positions. Once closing arguments wrap up, the Court will schedule a date to announce the verdict. Following the determination of guilt, a sentencing hearing will be held where both sides will present arguments with respect to the appropriate sentence. Thereafter, Judge Masipa will hand down her sentence. At the rate the trial is proceeding, expect it to conclude sometime in mid-summer. Pistorius claims lack believability and veracity. Given the number of improbabilities in his story (as discussed here), it would not be a surprise to see Pistorius convicted of murder. Nike Vapormax Off White Deutschland . Goldeyes third baseman Ryan Pineda drove in three runs and the pitching staff didnt allow an earned run, as Winnipeg downed Kansas City 6-3 in American Association exhibition action at CommunityAmerica Ballpark in Kansas. Nike Air Vapormax Damen Billig .com) - Ames, IA (SportsNetwork. http://www.vapormaxschuhe.de/vapormax-plus-deutschland.html . Viewers in the Canadiens region can watch the game on TSN Canadiens at 7:30pm et/4:30pm pt. The game can also be heard on TSN Radio Montreal 690. The Calgary Flames will see if they can take their recent hot streak on the road when they shoot for a sixth consecutive win Monday night in Montreal.LOS ANGELES -- Carlos Ruiz capped his most productive series of the season so far with another clutch hit, and made a key defensive play at the plate to help the Philadelphia Phillies win a series from the Los Angeles Dodgers. Ruiz stroked a tiebreaking two-run double off Brian Wilson in the ninth inning, Marlon Byrd drove in four runs and the Phillies won 7-3 on Thursday night to take three of four from the defending NL West champions. Adrian Gonzalez -- whose fielding error in the fifth led to two runs -- tied the game 3-all in the seventh with a first-pitch homer to centre off Mike Adams, his former Padres teammate. But Philadelphia came back with four in the ninth. "I was basically trying to throw a backdoor cutter and it kind of ran back over the plate," Adams said. "Knowing Adrian from playing with him for many years, I knew he was going to be aggressive with the first pitch. I just missed my spot, and he did what he does." Ruiz regained the lead for the Phillies when he lined a 3-2 delivery down the right field line with one out after singles by Cody Asche and Ben Revere. Byrd greeted Jamey Wright with a bases-loaded two-run single after Wilson (0-2) intentionally walked Chase Utley and hit Ryan Howard with a pitch. Adams (1-0), making his third appearance after undergoing shoulder surgery last July 31 and missing the first two weeks of the season, pitched two innings for the victory despite allowing Gonzalezs homer. "Its been a while since I went two innings," Adams said. "When I came in after the seventh, they asked me if I could stretch it out and go back out for one more. So I said: Lets give it a try and see how it goes." Both managers lost replay challenges. The Dodgers were trailing 3-2 in the fifth when Asche, the Phillies third baseman, fielded Yasiel Puigs grounder behind the bag and threw home, where Ruiz tagged out Hanley Ramirez as he came in standing up without a collision. "That was a big play," Ruiz said. "It was a good throw. I was lucky because those plays happen so fast, you dont have time to think, but I got the ball early. I was on the side of home plate a little bit and he had room to slide, but he didnt and we got the out. I was stilll a little worried it would get changed because now with the replay, you never know. Nike Vapormax Herren Fake. " Dodgers manager Don Mattingly requested a review from umpire Mike DiMuro based on the new rule pertaining to home plate collisions. It took several minutes but the call was upheld. "Before the ball is thrown, you cant set up where the runner doesnt have anywhere to slide, the way we understand it. Thats what we see on video," Mattingly said. "We felt like it didnt have a place to slide." Ryne Sandberg challenged a call by first base ump Hunter Wendelstedt in the Dodgers sixth. Juan Uribe was initially ruled safe on a grounder to shortstop Freddy Galvis. After a review of several minutes -- and a few choruses of "If It Takes Forever" by stadium organist Nancy Bea Hefley -- the call stood. Kyle Kendrick pitched 5 2-3 innings and allowed two runs and 10 hits, including a two-run homer by Uribe. The right-hander remained 0-7 in his last 12 starts. Dodgers right-hander Dan Haren was charged with three runs -- one earned -- and seven hits in six innings while striking out seven. Kendrick, who gave up a two-out single in each of the first three innings, yielded Uribes two-out homer to left field after a leadoff double by Gonzalez. But the Phillies capitalized on Gonzalezs second error of the season to grab a 3-2 lead. The three-time Gold Glove winner botched a one-out grounder by Utley with runners at the corners, as Revere scored the Phillies first run. Utley was credited with an RBI, and Byrd drove in two more with a double just out of the reach of a diving Puig in right-centre. Gonzalezs error was the Dodgers 23rd in 23 games. NOTES: The Phillies entered Thursday with a bullpen ERA of 5.64, the worst in the majors. ... Ruiz was 7 for 14 in the four-game series with a home run, four walks and his first six RBIs of the season. ... Byrd had two doubles in three at-bats against Haren, and is 12 for 24 for his career against him. ... Dodgers pitchers have given up 14 unearned runs. ... Jimmy Rollins, 5 for 21 against Haren, got the night off and Galvis started at SS for the first time since Sept. 7 of last season. ... Puig was 0 for 3 against Kendrick, after coming in 5 for 6 against him with a double and a triple. ' ' '