The Oscar Pistorius trial has drawn much attention to the South African Legal System particularly criminal law.
Some very important aspects of the South African Criminal Law System and particularly as they pertain to the Oscar Pistorius trial are as follows
Murder
The unlawful and intentional killing of a human being
Culpable Homicide
The negligent killing of a human being
The Prosecution
The person or persons acting on behalf of the state.
The accused
The person who has been identified as likely to have caused the crime based on prima facie evidence.In other words there is sufficient evidence upon investigation to make a reasonable connection between the person and the crime.
The defence
The person or persons employed by the accused to conduct his defence.This person can be an attorney or an advocate or in some cases the accused himself
The Standard of proof in a Criminal Trial
Guilt has to be proved beyond a reasonable doubt in a criminal trial.
The Defence Case
The defence would attempt to prove a lack of intention and also that the accused acted reasonably (to exculpate him from the lesser charge of culpable homicide).
Factors that would prove intention
Strong indications of intention would be things like: the accused actually told someone (a credible witness) that he wanted to kill the deceased. Then again, other indications can be that someone (a credible witness) saw the accused and the deceased arguing or fighting on previous occassions, that there is a history of violence between the parties.
Factors that would prove negligence
Factors that would prove negligence are factors that show that the accused knew how he ought to have acted, but he did not act in that manner. But it is enough for the prosecution to show that the reasonable person would have acted differently.That the accused knew how he ought to have acted and had in fact acted differently and in accordance with these beliefs on previous occassions strengthens a case of negligence.
