Famous Killers Don't Go To Prison: The Oscar Pistorius Story

The first day of Oscar Pistorius' sentencing hearing saw one of the defense witnesses argue that cleaning a museum for 16 hours a month would be suitable punishment for someone being tried for culpable homicide. Witnesses who followed on the second day argued that jail would be inappropriate for the double-amputee Olympic runner because his mental health would deteriorate and he'd be uncomfortable managing his prosthetics behind bars.

The South African athlete's trial for killing his girlfriend Reeva Steenkamp last year on Valentine's Day is in its judgement stage in Pretoria and his defense is making the case to keep him out of prison. While this is a predictable and understandable thing for the Pistorius defense team to be doing, the situation is becoming a theater of the bizarre in light of the real possibility that Pistorius will walk away from this trial with nothing more than a glorified slap on the wrist as his punishment.

The cogs of the South African criminal justice system began turning in Pistorius' favor when Judge Thokozile Masipa cleared him of premeditated murder last month—a charge that would have mandated 25 years of jail time. Now that Pistorius is being tried for a negligent killing, it's up to the judge to choose from a spectrum of possible punishments ranging from a 15-year prison sentence to a fine. Someday soon, the Steenkamp family may have to deal with their daughter's killer writing a check to rejoin the free world. There is no shortage of witnesses arguing in favor of the many lenient punishments on the table.

Joel Maringa, a state social worker said that instead of jail time, Pistorius would do well under correctional supervision—a fancy term for house arrest. He argued that Pistorius would benefit from "an opportunity to restructure and modify his behaviour." By this point, Steenkamp's father, Berry—who suffered a stroke earlier this year—had his head in his hands while Prosecutor Gerrie Nel argued a house arrest not exceeding three years would be tantamount to a "no sentence."

Maringa conceded that given Pistorius' history with guns—he bought six in 2012 and had applied for six more weeks before shooting Steenkamp—he should not be allowed to have possession of any more firearms, or consume alcohol and drugs. But the message still seems to be that Pistorius can compensate society "for the wrong he has done" while avoiding jail. Probation Officer Annette Vergeer added that Pistorius has suffered enough public humiliation and is ill-suited to the prison conditions in South Africa because he'd have to shower on his stumps and would be "vulnerable" to violence, as if the South African correctional system is incapable of accommodating a person with a disability. She also listed Pistorius's young age, remorse, and the fact that he was a first offender as reasons why he doesn't deserve to be behind bars. She then urged Judge Masipa "not to satisfy public opinion but serve the public interest."

Now is as good a time as any to point out, again, that Oscar Pistorius killed Reeva Steenkamp. And he offered cash to her family after the killing.

Many people in South Africa are already stunned that Pistorius has escaped severe punishment and that their judicial system bought the improbable story that he fired not one, but four shots through a locked bathroom door for his own protection against some unseen intruder.

Clearly, the arguments to keep him out of prison are taking full advantage of his favored status as an athlete and possible complications stemming from his physical disability—none of which should be primary considerations in a murder trial. Another supposed mitigating factor is his body of charitable work—proof, according to the defense, of a man valuable to his community. The question all this raises is a simple one: Can good character go so far as to save someone from prison when their crime comes at the cost of a human life?

The answer to that question will determine whether Pistorius ever gets to compete on the track again. Regardless, the International Paralympic Committee, the South African Sports Confederation, and the Olympic Committee, have all agreed that he can still represent South Africa. For Pistorius at least, it seems a murder trial may end up being little more than an inconvenience.