Psychoanalytic Psychology, Sleep Medicine, and the Law: Scientifically Re-Viewing Oscar Pistorius’ Culpable Homicide/Murder Conviction

Publication Announcement by Brent Willock (Canada)

(2023). South African Journal of Criminal Justice, 36(2): 250-281.

In parasomnias (sleep disorders), parts of the brain are alert, functioning well; other regions are not awake. This mixed sleep-wake state compromises mental functioning in ways that can be surprising and dangerous to self and/or others. Possible parasomnia should be considered in relation to violent, perplexing events occurring after individuals fall asleep. Familiarity with the science of dreaming and sleep disorders increases mental health and legal practitioners’ capacity to understand and assist. Expert testimony from these disciplines shifts judicial focus from inappropriate punishment toward treatment and prevention, bringing superior, enlightened justice, understanding, and relief to all parties. This article carefully re-examines the controversial case of Olympic athlete Oscar Pistorius, who killed his girlfriend, Reeva Steenkamp, during sudden arousal from sleep. Bail Magistrate and Judge underscored major elements that made no sense in Pistorius’ explanation of what transpired. When these crucial anomalies are approached with knowledge of dreaming and sleep disorders, they become comprehensible and meaningful. Invaluable insights from these scientific fields were not considered during Pistorius’ trial. If they had been contemplated and found credible, he might have been found not criminally responsible. Exoneration might still happen through appeal based upon these principles.

www.jutajournals.co.za/psychoanalytic-psychology-sleep-medicine-and-the-law-scientifically-reviewing-oscar-pistorius-culpable-homicide-murder-conviction/

Brent Willock, Ph.D.
Toronto, Canada
Email Brent Willock