For the Defense - Volume 1, Issue 3 - 2016 - 12

more sensitive to any perceived threat to their psyche.19 Unfortunately, the individual feels little relief from the utilization of these defense mechanisms. As an individual with BPD experiences intensifying cognitive dysfunction (including paranoid ideation, delusions and dissociation) as a result of the intensifying internal crisis, the stage is set for irrationality, poor decision-making, impulsive actions and both self-destructive and violent behavior.20 Very often, that individual is unable to recognize any means of relieving this tension other than suicide and/ or murder. In spite of this, the individual typically experiences conflicting thoughts about whether or not to carry out this violent resolution. 21 The pent-up tension is seemingly released when the violent act occurs. This ends the emotional crisis.22 While BPD individuals are often unable to reconcile/understand their impulsive behaviors, they feel a pervasive sense of calm after engaging in the violent behavior.23 BPD as Mitigation In general, a defendant with BPD is rarely amenable to a factual defense. Often, once the emotional tension has been alleviated (due to the offense), the defendant with BPD either chooses to remain at the scene of the crime and/or brings his/her actions to the attention of the police. The individual is also likely to leave physical evidence of their involvement, to have previously made threats and/or had physical altercations with the victim, or to confess immediately after the fact. Similarly, a defendant with BPD is rarely amenable to an affirmative state of mind defense. Although there may be a psychotic component to the emotional CLICK HERE to read the first article of this two-part series 12 For The Defense | Vol. 1, Issue 3 crisis, it is most likely that the individual would have been legally sane at the time of the offense.24 Historically, this violent behavior may have met the criteria for the "irresistible impulse" test in those jurisdictions that allowed that defense. Consequently, the attorney is left with little or no defense for trial. During sentencing, it is the duty of the defense attorney to present compelling information to the finder of fact as to why their client should not receive the maximum penalty established under law. Central to most litigation schemes is the presentation of the defendant's personal historical information, including events that may have impacted his/ her development as a child and, ultimately, his/ her resultant adult personality. The presence of developmental trauma, medical, psychological and neurological disorders and experiences of abuse and victimization would be examples of this type of information. Although there is certainly variability among the developmental histories of individuals with BPD, the psychological literature is consistent in documenting certain core themes that are understood to be precursors to the development of BPD.25 Insufficient parenting time, early parental loss, physical and/or sexual abuse are examples of such themes. In one study, BPD individuals were significantly more likely to report having a parent withdraw from them emotionally, treat them inconsistently, deny them their thoughts and feelings, place them in the role of a parent and/or fail to provide them with needed protection.26 Common amongst these themes are the feelings that a young child likely develops in response to these traumatic circumstances, including a damaged sense of self, fear of abandonment, difficulties with trust and an inability to self-soothe.27 We are suggesting that such information, if present, could be an essential component of any effort to provide effective mitigation for a client with BPD at sentencing. The challenge is to present the defendant's circumstances in a manner that allows the finder of fact to understand the overwhelming psychological pressure the BPD defendant was under at the time of the https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016/index.php#/16

Table of Contents for the Digital Edition of For the Defense - Volume 1, Issue 3 - 2016