Wednesday, June 25, 2014

Oscar Pistorius and Luis Suarez

So what is the connection?
There might be a connection.
Suarez, a superb athlete, has now bitten another player on the field of play for the third time.
It seems probable that he does this in terms of what is known in law as "automatism", i.e, an involuntary reaction. 
He certainly cannot be doing it out of hunger, lol.
The issue of involuntary reaction and/or automatism arises as regards Oscar Pistorius, another superb athlete ... because it is known that the brain is indeed a mischievous and sometimes capricious organ.
It already controls very important functions "involuntarily and/or automatically", like our breathing.
Sometimes it gets just a bit treacherous.
So is this a situation where, given the right stimulus, the one bites and the other attacks ... automatically/involuntarily?



A shocking experience: -
I grew up in racist Rhodesia.
It was a rough tough life for us Coloureds.
This was reflected at all levels.
So there was much physical confrontation in my life.
I had many, ,many fist fights.
At all times I was in control, even when under very severe intoxication.
I worked in the Courts, as a Prosecutor, then as a Magistrate, then as a Advocate, then as a High Court Judge.
A case came out in South Africa that brought out the concept of “sane automatism” as a valid defense to criminal conduct.
I was absolutely disinterested and dismissed this as nonsense, since I had always been able to maintain control even in the most violent of circumstances.
Then, one day, we were driving from Lake McIlwaine (now Lake Chivero) when another driver nearly wrote us off and them gave me the finger.
I became overcome by a need to get him, deprive his brain him of oxygen and then reprogram his brain with good manners. I knew from experience that when a man has been throttled to near unconsciousness his mind is thereafter very receptive to good ideas about behaviour.
So I went after him, very relieved to see that he was due to be stopped at the next set of traffic lights.
I accelerated to get there, block him and get him. I had a .45 H&R Revolver on my person that I was undoubtedly going to use if things got bad for me.

At the same time I was having a conversation with myself --- “Chris Greenland, you are a High Court Judge; you cannot do this; it is against the law; you cannot take the law into your own hands; it is wrong; it is unlawful …”
But there was NOTHING I could do to stop myself ... nothing whatsoever.
It was if I was a robot that had been programmed … as if I was possessed by something from within ... with no power to resist.
Nothing was going to stop me throttling him to near consciousnesses and then mentoring him on good manners as I allowed him oxygen. Past experience had proved that this was a sure fire way to reform a human being instantly.

It struck me forcefully that this was what was meant by “sane automatism”.
I did block him at the lights, but he managed to reverse out of it and get away as my vehicle was towing a boat.
This experience came as a huge shock to me .. a very huge shock indeed ... and has remained as a salutary lesson and education about the capriciousness of the brain.

-------------------------------------------------------------------------------------------
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4 comments:

Anonymous said...

You thought ahead. Both OScar Pistorius (often shot his gun) and Suarez (often bitten people) KNOW what they did was wrong. No-one intervened. In Oscar's case it led to unlawful death of an innocent young woman. I Suarez'z case? We're yet to see how this pans out. BOTH superb athletes headed in wrong direction. They represent a fraction of millions of athletes headed in right direction. There's no excuse for foul play, IMHO. Love your tweets, posts and most especially - your presence on Channel199 (never miss it!)
Supporting Reeva @Truth2Come

Anonymous said...

Oscar Pistorius killed Reeva Steenkamp in cold blood imo. Premeditated and planned. Maybe in a split second, but premeditated none the less.

Judge Chris N Greenland said...

Thank you guys, especially Anonymous.
The crisp issue here is whether or not, in certain circumstances, an otherwise repsonsible human being will act irresponsibly and/or criminally beacuse that person simply has no control over his or her actions?
In other words, do we sometimes act "automatically", unable to stop ourselves.
From my own shocking experince the answer is "Yes".

Judge Chris N Greenland said...

You can order the book at --- http://www.lulu.com/shop/chris-greenland/the-other-without-fear-favour-or-prejudice/paperback/product-20270013.html

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