The Oscar Pistorius trial has resumed following a month long break. Martin St.Louis Rangers Jersey . 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. Ryan McDonagh Authentic Jersey . For Kyle Lowry, its become an accepted reality. He will be traded. The question is, when and where? The Raptors point guard is widely believed to be next on general manager Masai Ujiris chopping block after the first domino - Rudy Gay, Lowrys best friend - fell last week. Tanner Glass Jersey . -- If the Bears make changes this off-season, it will not be at quarterback.TORONTO - As Amir Johnson took a seat, having just picked up his sixth foul towards the end of Thursdays first overtime period, Patrick Patterson fouling out minutes earlier, Dwane Casey and his coaching staff mulled over their next move. Huddling up, Casey consulted with his assistants for over 30 seconds before looking to the far side of his bench and reluctantly calling for Jonas Valanciunas. The Raptors starting centre had been a spectator since late in the third quarter, amounting to roughly an hour of real time spent on the bench since he was last on the floor. As his coach feared, Valanciunas was more than a little rusty, playing 25 seconds in the first OT frame and the bulk of the second until Casey opted to go with Tyler Hansbrough to close the game in the third and final period of extra time. "It really wasnt fair to Jonas," Casey said in hindsight, following his teams marathon 134-129 loss to Washington. "It wasnt his fault." Upon reentering, Toronto immediately ran a pick-and-roll for Valanciunas, however the pass from Greivis Vasquez - who was trapped on the right elbow - was mistimed and ultimately deflected before it reached Valanciunas in the middle of the key, the turnover charged to Vasquez. A few minutes later, Valanciunas received the ball on the left block and with the clock winding down he flipped up a quick shot that was swatted by Marcin Gortat, his first of two field goal attempts in the period, both blocked by Gortat. With just over one minute remaining in double OT, the game tied at 116, Valanciunas negated a Vasquez runner, needlessly tipping in the shot that was already on its way down, above the cylinder. The look of frustration on the sophomores face said it all. This was not his night. The Raptors were outscored by 14 points in the 29 minutes that Valanciunas was on the floor. "I feel really sad," Valanciunas lamented, with his head down after the game. "I feel really bad right now. I could do a much better job than what I did." Valanciunas lost more than his rhythm, sitting as long as he did in the second half of Thursdays ball game. His confidence appeared to be at an all-time low. The second-year centre has had a rough couple of weeks, averaging 7.1 points and 7.6 rebounds, shooting 45 per cent in 24 minutes per in his last eight games. Over the previous eight contests, he put up averages of 15.4 points, 10.8 rebounds, shot 58 per cent from the field and logged just over 29 minutes a night. Perhaps fatigue has played a factor - he eclipsed his minute total from his rookie season last week - but the most noticeable variation in his approach hinders on an immeasurable concept that he has downplayed in the past. Swagger. Valanciunas is a different animal when he plays with that edge, anger and fire, when he gets outside of his head, stops over-thinking the game and just plays basketball. Too often you can almost see his thought process on the court, his movements are robotic as he aims to avoid disaster, fearful of making a mistake that will draw the ire of his head coach. However, hes at his best when he plays freely and Casey knows it. "The key is patience, not gettiing down on yourself, have fun," Casey said after morning shoot-around on Thursday. Derek Stepan Authentic Jersey. "I mean youre playing basketball. Theres no pressure on JV to produce. The pressure is on DeMar (DeRozan) and Kyle (Lowry) and Amir, the older guys." Given the unreasonably high preseason expectations its easy to overlook the fact that Valanciunas is still only 21-year-old, playing in his first full season after missing a sizeable chunk of his rookie campaign due to injury. Hes had an eventful year, participating in Summer League for the Raptors and competing with Lithuania in the FIBA qualifying tournament during the offseason. Hes still learning the NBA game, getting fully accustomed to his surroundings and most importantly finding his way as a player. None of that is lost of Casey, who refuses to put the cart before the horse when it comes to the development of his young centre. "I told him to stay with it," Casey said after Valanciunas logged just 17 minutes in Tuesdays win over Cleveland. "Right now hes pressing so much. [I] just told him to relax [and] play basketball." On account of their unexpected success this season the Raptors ultimate objective has been altered slightly. Although theyre now looking ahead to the playoffs and hoping to make some noise come April, their primary goal has not changed. Casey is still focused on developing his young players, namely Valanciunas and fellow sophomore Terrence Ross. "The hardest thing to do is to develop and win at the same time," Casey said. "Luckily weve got some wins and these guys are developing at the same time. Its the hardest thing to do because a lot of times theyre in there when they really dont deserve to, not as much lately but in the first part of the year." However, Casey wont coddle either sophomore with unconditional playing time. Valanciunas, like Ross, has had the opportunity to play and learn through his mistakes but the criteria for remaining on the floor long enough to do so has been made clear since the get go. "Offensively right now, hes not making his post moves, but thats going to come," Casey said. "Get some sweat shots, get some tip-ins, go to the offensive boards, screen. Do some of the sweat jobs and that will help him get his rhythm in the post." The process is gradual and, as Casey reminds us, its not going to happen overnight. Valanciunas possesses the ability, the desire and the work ethic to be a top tier NBA centre but its not going to happen in the middle of his second season. It takes time and no one in the Raptors organization will rush him. For now, Valanciunas is a matchup play. His minutes will continue to be sporadic as Casey leans on quicker, more experienced and versatile defenders in Johnson and Patterson some nights, depending on the opponent and whichever version of Valanciunas comes to play. Through it all, he cant lose focus and most importantly he cant lose his confidence. Hes got to keep his head up - on and off the floor - continue to work and learn whether hes in the game or on the bench. The Raptors are exercising patience with their young big man but he needs to be patient with himself. wholesale jerseyscheap jerseys ' ' '
