Oscar Pistorius, das Model, der Valentinstag und das war dann Notwehr
21.03.2014 um 20:06http://newyorkcriminaldefenseblawg.com/tag/oscar-pistorius/ (Archiv-Version vom 06.01.2014)
weiß nicht ob ihr diesen link schon hier hattet,
zwar März 2013 trotzdem interessant
daraus:
More importantly, though, the prosecutor has probably painted the defense into a corner from which it cannot escape. In South African law, there are two types of homicide: premeditated murder and culpable homicide. The term “premeditated” is oftentimes misinterpreted, as laypeople tend to believe that a “pre-meditated murder” is by definition the result of a long and careful plan to assassinate someone. In fact, “premeditation” in South African law simply means “intentional,” meaning that the person that killed meant to do it at the time, and thus that intent can be formed almost instantaneously and need not have been carefully considered beforehand. The other charge, culpable homicide, applies to negligent killings.
The defense team for Pistorius has already conceded that he may be guilty of culpable homicide for having killed Reeva when he believed she was a burglar. However, this “mistake of fact” as we lawyers call it does not really help him. One cannot avoid a conviction for premeditated murder simply because one misidentified one’s victim; the concept of “transferred intent” applies. Put another way, if I intend to kill Person A, and instead accidentally kill Person B, I’m guilty of murder just the same as if I had in fact killed Person A. After all, under that hypothetical, one could say that I intended to kill a person, I deliberately attempted to kill a person, and I did in fact kill a person… and these are the elements of intentional murder.
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weiß nicht ob ihr diesen link schon hier hattet,
zwar März 2013 trotzdem interessant
daraus:
More importantly, though, the prosecutor has probably painted the defense into a corner from which it cannot escape. In South African law, there are two types of homicide: premeditated murder and culpable homicide. The term “premeditated” is oftentimes misinterpreted, as laypeople tend to believe that a “pre-meditated murder” is by definition the result of a long and careful plan to assassinate someone. In fact, “premeditation” in South African law simply means “intentional,” meaning that the person that killed meant to do it at the time, and thus that intent can be formed almost instantaneously and need not have been carefully considered beforehand. The other charge, culpable homicide, applies to negligent killings.
The defense team for Pistorius has already conceded that he may be guilty of culpable homicide for having killed Reeva when he believed she was a burglar. However, this “mistake of fact” as we lawyers call it does not really help him. One cannot avoid a conviction for premeditated murder simply because one misidentified one’s victim; the concept of “transferred intent” applies. Put another way, if I intend to kill Person A, and instead accidentally kill Person B, I’m guilty of murder just the same as if I had in fact killed Person A. After all, under that hypothetical, one could say that I intended to kill a person, I deliberately attempted to kill a person, and I did in fact kill a person… and these are the elements of intentional murder.
