Oscar Pistorius sentence: Judge Masipa might have shown mercy, but she has delivered perfect justice
Sentencing Pistorius to five years in jail is a fair judgement for both Pistorius and the Steenkamps
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Your support makes all the difference.Judge Thokozile Masipa simply had no choice but to jail Oscar Pistorius for the culpable homicide of his girlfriend, Reeva Steenkamp. It's likely anything else would have seen outrage – riots, even – at home in South Africa, as well as uproar around the world.
As it is, a five-year sentence feels like the perfect verdict, even if, as seems the case, a hefty proportion of it will be spent under house arrest. Public opinion, even that which is expressed violently, should have no weight when it comes to judges’ verdicts. All that matters is the case in hand. But if any verdict could help heal the wounds inflicted by such a senseless killing, this one just might.
A non-custodial sentence would have sent the wrong message – that if you’re famous enough, and weep and retch enough in court, you can get away with manslaughter. A long jail sentence, on the other hand, would have felt like grandstanding, banging up Oscar and throwing away the key to demonstrate that fame does not confer immunity from the law.
It also wouldn’t have accommodated a fundamental principle. Justice, Judge Masipa said, should be merciful, with a full appreciation of human frailties, and her stern compassion towards Pistorius was exemplary.
True mercy has nothing to do with weakness or maudlin sympathy, but is one of the elements of justice. As she put it, any verdict must balance retribution, deterrence and rehabilitation, and it seems to me that five years in jail strikes exactly that balance.
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