Warning: This post references suicide and death in reference to the O.J. Simpson case.
Essential Question: Would OJ Simpson still have mens rea (intent) or be deemed a criminal for murdering his wife if it was found after his death for him to have the disease CTE?
* OJ was found innocent of this crime in the initial trial, but later was found guilty in civil court and was ordered to pay damages to the families of the victims. For the sake of this post, we will assume he did commit this crime and see how his actions line up with common CTE symptoms.
O.J. Simpson is known for many things, one being his sensational and captivating career as a running back for the Buffalo Bills, but more infamously known for the murder of his ex-wife. Orenthal James Simpson, a two-time All-American, started his career at the University of Southern California as a star running back, earning numerous awards recognizing his outstanding achievements, such as the Heisman Trophy. He played eleven seasons for the Buffalo Bills, concluding his career in 1979 after spending a single year with the San Francisco 49ers. Throughout the 135 games O.J. Simpson played in his lifetime, he experienced numerous incidents of possible head trauma, leading many medical researchers, such as Dr. Bennet Omalu and even O.J. himself, to believe he sustained injuries severe enough to develop Chronic Traumatic Encephalopathy, otherwise known as CTE. CTE is a brain disorder caused by multiple, constant traumatic head injuries and is associated with symptoms such as impaired judgment, impulse control, aggression, and other behavioral issues. To diagnose CTE, medical examiners need a post-mortem autopsy, meaning it is only to be diagnosed after the individual’s death. Out of the deceased NFL players examined, 345 out of 376 were found to exhibit signs of CTE in their autopsy. If, following his death, it is determined that O.J. Simpson suffered from Chronic Traumatic Encephalopathy, this would negate his mens rea in the crime of murdering Nicole Brown-Simpson and Ron Goldman. This means that if O.J. Simpson is found to have CTE, in the most pure legal sense, he would not be a criminal because of his clouded state of mind, lack of reasonable judgment, and unpredictable behavior.
The presence of a clouded and unclear state of mind can provide us with insights and potential reasoning into O.J.’s actions. Among the frequently associated symptoms with CTE, depression stands out as one of the most commonly observed. Despite their legendary careers, former NFL players Junior Seau, Dave Duerson, Aaron Hernandez, and Andre Waters all tragically committed suicide and were then later found to have CTE, linking their acts to a continuous battle with depression and unhappiness. In retrospect, these emotions were attributed to their extensive brain damage. In 1994, before Simpson’s arrest/surrender, the police extended his time to see a mental health specialist due to signs of ‘suicidal depression.’ Simpson’s attempted escape and potential suicide further underlined the impact of depression on his state of mind. During the infamous Bronco chase, another symptom, possible confusion, became apparent, once again prompting questions about Simpson’s mental state. His actions and impulses during the chase might lead an outsider to believe that Simpson was seemingly distraught and confused. Despite understanding the potential consequences and his role as a public figure, Simpson engaged in a dangerous, spontaneous, and erratic chase with the police. Such actions are impossible to pursue with a clear state of mind. Overall, both depression and confusion contribute to the understanding of O.J.’s unclear state of mind.
The inability to make reasonable judgments can cause individuals to act on impulse, emotion, and on a whim. Throughout the incident, from the murder to the Bronco chase, O.J. Simpson exhibited signs of this. Two key symptoms of CTE that may be connected to his actions are impulsivity and a lack of executive function in the brain. Firstly, examining O.J.’s actions through the lens of executive dysfunction provides potential physical damage affecting his actions. Executive dysfunction refers to the inability of the brain to make and manage one’s thoughts, emotions, or even actions. When O.J. made the irrational decision to murder his ex-wife and her ‘supposed affair,’ he did it out of pure spite, revenge, and anger. This action exhibits signs of the inability of the brain to make clear, and reasonable judgments and assumptions. This action illustrates a clear difficulty in the brain to make logical and reasonable judgments, as encountering an ex-wife post-divorce logically shouldn’t trigger such extreme reactions. Unfazed by this, he decided to take their lives. Related to the lack of executive functioning, impulsivity proves itself relevant. He impulsively took Nicole and Ron’s lives, he impulsively tried to escape through a car chase, and he impulsively attempted to commit suicide. All these actions, all committed on a whim, allow us to conclude that these actions could be attributed to a significant condition such as CTE. Both these symptoms are further evident when examining why O.J. was at Nicole’s in the first place. He found himself at Nicole’s place, as he was stalking and surveilling her. This wasn’t out of the ordinary for O.J. as he was frequently stalking and following her around. Impulsivity often involves acting without careful consideration of possible consequences, and stalking behavior can be driven by these same impulsive and obsessive tendencies. The repetitive and intrusive nature of stalking suggests that the brain is struggling to manage and control its thoughts and actions properly.
From the beginning of O.J. and Nicole’s relationship, O.J. was constantly exhibiting signs of unpredictable behavior. Nicole, before following through with the divorce, had called 911 twice to express feelings of fear and call him ‘crazy’. In the transcripts of one of Nicole’s calls, we listen to her sobbing and explaining to the dispatcher how O.J. had broken into the back door and was ‘ranting and raving’. This alone displays O.J. ‘s unpredictable and senseless behavior through aggression toward Nicole. Another incident that allows us to see Simpson’s unpredictable behavior is the Bronco chase and the shocking and sudden change of events throughout it. When police initially called Simpson for questioning, he was compliant, relaxed, and cooperative. Later, when law enforcement discovered he had written a suicide note and was attempting to flee with a gun to his temple, it was a shock and completely unpredictable as he wasn’t deemed a ‘flight risk’. The complete 360-degree shift in Simpson’s behavior is not only alarming but confusing, and can only be explained through the consequences of brain damage.
By referring to these three reasons, we can conclude behavioral recurrences between them all, reveal deeply stemmed issues and flaws in O.J. Simpson. Throughout the time of O.J.’s life after football including his marriage, murder, and trial, he exhibited signs of Chronic Traumatic Encephalopathy. The clouded state of mind, lack of reasonable judgment, and unpredictable behavior can be traced back to the damage he sustained through playing in the NFL. By no means should these reasons lessen the actions of O.J. Simpson, but allow us to see that his intent (or mens rea) wasn’t present. The consistency of these actions allows us to conclude that if O.J. Simpson is found to have CTE, he would not be considered a criminal.
Sources:
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7274&context=jclc
https://www.espn.com/nfl/story/_/id/22795470/oj-simpson-says-worried-cte
https://www.profootballhof.com/players/oj-simpson/
https://en.as.com/nfl/what-are-the-most-famous-cte-cases-in-nfl-history-n-2/#
Image:
Photo by Robina Weermeijer on Unsplash