The Oscar Pistorius trial has resumed following a month long break. 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. Wholesale NFL Jerseys China . Chan captured two silver medals at last months Sochi Winter Games — mens singles and the inaugural team event. But he doesnt have the urge to resume training to defend his world title when the event is held in Saitama, Japan, later this month. Cheap Nike NFL Jerseys Free Shipping . The Jets have now won three straight at home and four of the last five at the MTS Centre. After a scoreless first period, Brad Marchand scored his first goal in eight games eight seconds into the second. https://www.chinajerseysnfl.us/. 1 Pete Sampras. Speaking ahead of an exhibition match against Andre Agassi in London on March 3, Sampras said on a conference call Wednesday that he is impressed by Federers longevity. NFL Jerseys China .com) - The surging Montreal Canadiens will try to match their longest winning streak of the season when they visit the Florida Panthers for Saturdays clash at BB&T Center. Fake Nike NFL Jerseys . - Andrew McCutchen went 4 for 5 and finished a home run short of a cycle, and Jordy Mercer drove in a career-high four runs to lead the Pittsburgh Pirates to an 8-2 rout of the Philadelphia Phillies on Friday.NEW YORK -- The NBA charged Donald Sterling on Monday with damaging the league and its teams with his racist comments, setting up a June 3 hearing after which owners could vote to terminate his ownership of the Los Angeles Clippers. The league also said the banned owner has engaged in other conduct that has impaired its relationship with fans and merchandising partners. "All of these acts provide grounds for termination under several provisions of the NBA constitution and related agreements," the league said in a statement. Sterling was banned for life and fined $2.5 million by Commissioner Adam Silver after the release of a recording in which he made racist remarks. He has until May 27 to respond to the charge, and the right to appear at the hearing and make a presentation before the board of governors. He has the right to a lawyer at the hearing, but strict courtroom rules of evidence would not apply. Sterlings attorney, Maxwell Blecher, asked for a three-month delay in response to the charge, a person with knowledge of the situation said, confirming a report by SI.com. The league will not grant it, the person told The Associated Press on condition of anonymity because no official comments were authorized. Minnesota Timberwolves owner Glen Taylor, the board chairman, will preside over the hearing in New York, which is planned for two days before the start of the NBA Finals. If three-fourths of the other 29 owners vote to sustain the charge, Sterling will be forced to sell the team he has owned since 1981. Silver has said he is confident he has the 23 votes that are necessary. Sterling told a female friend, V. Stiviano, not to bring blacks to Clippers games during their conversation that was recorded. Sterling specifically mentioned Magic Johnson, then criticized the NBA Hall of Famer again as a poor role model during a recent interview with CNN. "Among other things, Mr. Sterling disparaged African-Americans and minorities; directed a female acquaintance not to associate publicly with African-Americans or to bring African-Americans to Clippers games; and criticized African-Americans for not supporting their communities," the NBA said. The league also charged Sterling with destroying evidence and providing false and misleading evidence to the NBA investigator, and said the Clippers issued a false and misleading mediia statement about the matter.dddddddddddd It also cited "a failure to use best efforts to see to it that the sport of professional basketball is conducted according to the highest moral and ethical standards." Article 13 of the NBAs constitution, which deals with termination of ownership, states that one condition is if an owner fails or refuses "to fulfil its contractual obligations to the Association, its members, players, or any other third party in such a way as to affect the Association or its members adversely." A number of sponsors suspended their deals with the Clippers in the wake of Sterlings remarks, potentially hurting league revenues, and players have said they would consider refusing to play next season if he still owned the team. "Mr. Sterlings actions and positions significantly undermine the NBAs efforts to promote diversity and inclusion; damage the NBAs relationship with its fans; harm NBA owners, players and Clippers team personnel; and impair the NBAs relationship with marketing and merchandising partners, as well as with government and community leaders," the league said. If Sterling did not respond to the charge within five business days, or does not appear at the hearing, it would be deemed an admission of the "total validity of the charges as presented," according to the constitution. But even the players who want him out believe Sterling will fight, and his attorney sent a letter to the league last week informing it that Sterling wouldnt be paying the fine. A message on the office voicemail of Blecher said he would have no comment now. Sterlings estranged wife, Shelly, has said she will fight to keep her 50 per cent share of the team even if Donald Sterling is forced to sell, but the league said in its statement that "all ownership interests in the Clippers will be terminated" if the charge is upheld. Shelly Sterlings attorney, Pierce ODonnell, said he was reviewing the charges. "Based on our initial assessment, we continue to believe there is no lawful basis for stripping Shelly Sterling of her 50 per cent ownership interest in the Clippers," ODonnell said in a statement Monday. "She is the innocent estranged spouse. We also continue to hope that we can resolve this dispute with the NBA for the good of all constituencies." ' ' '