Oscar Pistorius: Was Shooting Premeditated?

Dan Abrams discusses the charges against the South African Olympic runner.
1:28 | 02/19/13

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Transcript for Oscar Pistorius: Was Shooting Premeditated?
legal analyst, dan abrams. Very, very difficult now to imagine bail. That's right. Big loss for him because what he was trying to demonstrate is that there shouldn't be premeditation. As a result, it should be the prosecution that has the burden to demonstration he ought to be forced to stay behind bars. Because the court is ruling that there does seem to be premeditation or at least there's enough evidence to move forward with premeditation, now he has the burden to demonstrate why he should be released. And that is a much, much harder case to make. That's why his family is so upset in that courtroom. One of things his lawyers are trying to demonstrate, is that he brought reeva downstairs and tried to revive her. That this wasn't premeditation. They can demonstrate premeditation and then regret. That's what happens in that courtroom. It's what's leading up to the event that becomes important in making that determination. And important also to note that this is not going to be a trial determined by a jury. South africa's long history of racism involved these white juries convicted black defendants. As a result, they eliminated the jury system here. This will be a judge and effectively two magistrates. Three people, professionals, making the determination, long-term, about guilt or innocence. No death penalty in south africa. Many regards to its long history of racism and racial tension in that country. Okay. Dan abram, thank you very much.

This transcript has been automatically generated and may not be 100% accurate.

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