crashfrog

He's recently in the news for his early parole, but to my mind his conviction for murder was probably unjust.

1. The prosecution was not able to rebut his testimony that he fired on what he thought was a burglar in his home. This was a reasonable fear - Pistorius is a double amputee despite his Olympic medals, and he lived in a neighborhood that was particularly attractive to break-in robberies due to the residents' wealth.

2. The prosecution could not provide a motive for murder - the best they could speculate was that they had had an argument, but the prosecution could not provide details of any supposed argument, nor substantiate it from the testimony of any witnesses who actually would have been able to hear it.

3. It probably was negligent and contributory to have fired on an "attacker" he could not see, but conversely, had he intended to murder his girlfriend during a spontaneous argument, there's no reason for him to have taken the risk of firing through a door in order to do so.

The traditional elements of the crime of murder are means, motive, and opportunity. Two of these are stipulated since, by the defense account, Pistorius fired the gun that killed Reeva Steenkamp The prosecution's argument for motive was specious speculation at best, and Pistorius' judicial conviction on appeal represents a miscarriage of justice since there was really no reason given to reject his defense. His original conviction of culpable homicide and reckless endangerment was correct and shouldn't have been appealed.