A Legal Rage

Oscar Pistorius is the famous or more lately, infamous blade-runner who featured in the Olympics sprinting on blades which replaced his amputated feet. Pistorius was indicted for the murder of his partner, a well-known photographic model. It was alleged by his defence team that Oscar Pistorius shot and killed his partner Reeva Steenkamp in a moment of panic. The prosecution on the other hand alleged murder by intent, based on a mind state of rage. The court of appeal upheld his jail sentence which he is now serving. Here follows a neuro-appraisal of the fateful events and their interpretation by the prosecution and defense.

As it happens, fight or flight action in response to panic, fear, anger and rage all originate in that small almond shaped structure, the amygdala. There are two of them, one on each side of the brain situated deep in the temporal lobes. The amygdala initiates the fight or flight action through the secretion of high levels of adrenaline, noradrenaline and cortisol. When stimulated, the immediate amygdala fight or flight reflex is triggered much more rapidly than the triggering of modulating circuitry based in the pre-frontal cortex, the place of reasoning. The initial action response is therefore unmitigated amygdala. However there are two further neurophysiological facts which have significant relevance in this dynamic:

• The amygdala is stimulated by the very same chemistry that it causes to be secreted, viz. adrenaline, noradrenaline and cortisol. As a consequence one can become locked into a spiral of ever increasing anxiety/panic/rage.
• High levels of adrenaline have been shown to suppress the reasoning function of the pre-frontal cortex.

Based upon these fundamental neurophysiological phenomena we can begin to re-analyse the actions of Oscar Pistorius in that fateful moment. The defence alleged the amygdala hijack syndrome – action driven by a panic-stimulated pair of amygdalae. The prosecution alleged the locked-in amygdala syndrome – the activated amygdalae locked into a spiral of increasing rage, auto-stimulated by its own secretions (also the explanation for road rage). In both scenario’s the reasoning of the pre-frontal cortex is suppressed. Functionally therefore, at the fateful moment of the shooting of Reeva Steenkamp, the brain of Oscar Pistorius consisted only of two highly stimulated amygdalae and the motor system to mediate the driven action.

From a moral and legal perspective, who or what is responsible for this tragic outcome - the suppressed pre-frontal reasoning centre of Oscar Pistorius; the over stimulated and unmodulated pair of amygdalae; or the nurture deprivation that resulted in the over-sensitization of the amygdalae, the seat of fear, anxiety, panic and rage? These are critical questions which have a major bearing on arriving at a fair sentence and implementing an appropriate neuropsychological intervention.

Comment:

In regard to the question of ‘what’ or ‘who’ is responsible for this outcome, I would answer thus: One of the fundamental principles of civilized society is respect for life and property and we are all held accountable for violating this. However there are varying degrees of culpability based on varying degrees of insight. The range extends from the fully actualized individual with full insight right to the extreme, the severely neuropsychologically compromised or disturbed who have little to no insight. Somewhere in the middle to lower range are those with very little insight into self and who function impulsively - reflex products of their heritage integrations (incorporating the stereotyped function of specific brain structures). They generally do not recognize that they have potentially serious psychopathology. They still however are responsible for their actions and punitive action is required. Mitigation however would be influenced by genuine remorse and the acceptance of accountability, both of which are conspicuously absent in this case. It is however important to delve a little deeper into the neuro-dynamics.

Are we as cognitive, emotional beings the product of our neuro-physiology or is our neuro-physiology determined by our cognition and emotions? Secondly, does our psycho-social environment determine our neuro-physiology and consequently, our mind states? I would suggest that the answer can be found in the science of psychoneuro-immunology (PNI). In PNI we recognize the pivotal role that genetics, the in utero environment and the early nurture environment play in the establishment of our core neuro-integration (neuronal connections underpinning stored information, beliefs and emotion). This core integration becomes our subjective world view and determines how we interact with the greater environment. The core integration also interfaces with our immune chemistry and other important metabolic functions. Immune chemistry in turn interfaces with our brains and has profound influences on our neuro-chemistry. In fact depression is regarded as the consequence of chronic inflammation (somewhere in the body). My personal interpretation is that much of our subjective perception and behavior is determined by our inherited core integration. Much of our body physiology is also affected by this core integration. But the core integration is not a rigid circuitry. It is dynamic, constantly changing (neuroplasticity – the process of creating new neuronal connections and breaking down redundant ones) in response to the psycho-social feedback and immune chemistry. The degree of neuroplasticity (and potential for change) inherent in the core integration however is determined by heritage determinants, varying from person to person. So at the end of the day our subjectivity is the holistic integration of our heritage determinants, our psycho-social experiences, our neuro-chemistry and the chemistry of the immune system. That's the package for which we must assume full responsibility!

References available on request

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