Discussion for article #243427
Whoa, dude – not a very merry Christmas for you, I guess.
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And a most deserved rotten Christmas
I am so pleased this happened. I watched this trial as it unfolded and he deserves prison for a very long time. He knew she was in that bathroom. There is simply no way he did not. Hopefully he’ll get a lengthy prison term and the first verdict was simply outrageous.
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Say what you will about the U.S. system of justice, at least here when you appeal your conviction, you can’t be convicted of a greater crime by the appeals court. That turns an appeal into quite a risky roll of the dice, especially when your appellate judge could be someone like Scalia.
I far prefer the U.S. system of appellate justice. That said, I am going to take great pleasure in this verdict!
He didn’t appeal his conviction. The prosecutor appealed it because the Judge misapplied the law. She really blew it. We have that here too. In the U.S., the prosecutor can appeal here also. Appeals courts can throw out convictions and order retrials and they can throw out and reorder sentencing.
He can appeal his conviction now. He was probably waiting until this worked itself out.
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In what circumstances may a prosecutor in the U.S. appeal an acquittal after a full trial and jury/judge deliberation, without violating the principlel of double-jeapordy? Certainly, a prosecutor can file an interlocutory appeal of a trial judge’s ruling, but that’s quite different.
He wasn’t acquitted. He was convicted of a lesser crime because she misapplied the law. This isn’t a double jeopardy issue. That said, though , I don’t know if South Africa has double jeopardy, but this wouldn’t count.
Edited for clarity.
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Ok, but will he go back to prison for a number of years? And will they send him back now, or will he be out pending the appeal?
It’s hard to tell. I hope so. I can’t imagine him NOT going back to prison, but South Africa is its own animal. They have barely passing prisons and they have to accommodate his disability. So it depends on a lot of factors. He also gets to appeal the actual conviction, so there’s that. Although I can’t imagine that goes anywhere. The evidence was pretty clear.
I can’t speak to bond, it’s hard to know. They may let him stay out until they re-sentence him. I hope not though.
EDIT: There’s also a huge socio-economic structure in South Africa that gives whites access to more opportunities to combat their justice system. It’s pretty corrupt there, so this decision is really welcome.
Point well taken, thanks. But in the U.S., if a Defendant is convicted of a lesser offense, appeals, and is granted a re-trial, I don’t think he can then be retried for anything greater than the crime of which he was originally convicted.
No, he can. The grant of a retrial means a fresh start as if the first trial never happened. It’s a risk, for sure, and that’s why you see a lot of deals brokered after original convictions are tossed. Neither side wants to risk it.
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Finally!
South African authorities just issued a warrant for his arrest.
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That’s not very encouraging, but I thank you for explaining it.
He got bail. Apparently less than $1,000. Re-sentencing is in April.
I think Oscar is going up the river pretty soon.
on edit: Oops, my bad. I didn’t see AllieBean’s post. $1, 000? Resentencing in April? Jeez.
I know. There are people who seem to think he’s going back to prison. I guess we’ll have to see.