I think that's a comparable analogy in that the outcome can be harmful whether motive. The consequence is considered with the safety of society in mind- is this person a danger to others along with a deterrent to the behavior. The judge and the penal system has this power.
Where this differs is that BPD behaviors aren't necessarily technically crimes. Some are- such as physical abuse, but lying, cheating on a partner-there's no legal recourse, or power. The consderation becomes our own selves, our own emotional, physical, and financial safety.
Where this differs is that BPD behaviors aren't necessarily technically crimes. Some are- such as physical abuse, but lying, cheating on a partner-there's no legal recourse, or power. The consderation becomes our own selves, our own emotional, physical, and financial safety.
I was curious what the legal standard for an insanity defense is, and it's pretty established (going back to 19th Century English case that's been accepted and cited favorably by U.S. courts for almost as long as that) that either the person is not able to understand what they're doing, or if they do, that they don't understand that what they're doing is wrong.
That might loop in some of the behavior of a pwBPD. I think a pwBPD would understand that cheating is wrong. A lot of their other behavior, though they might not see an issue with it when confronted by their partner, family member, or spouse, they would not want their behavior to be public knowledge, so they must know it's wrong in that regard. In court, a pwBPD would fail the standard and be convicted.
They often do display a double standard, i.e. they might yell at, scream, and insult their partners, but of course, the second you start to respond in kind they are the victim and it's not fair... so again, they know. They just have no shame when it comes to their close relations, and no concern for other people, and so they feel they have a license to behave this way.
In my own case, there was often a clear pre-meditated factor when BPDxw would pick fights, insofar as I would look at it in hindsight and see she came up with a pre-text to get angry about that she knew was wrong, or was inconsistent with how she behaved in other contexts.
Of interest- I was concerned for my BPD mother in her elder years. She had difficulty with making reasonable decisions. Family members were also concerned and wanted me to seek legal advice for this and from her health care providers. Even with her behaviors, she was considered legally competent in the medical and legal sense, so I could not intervene at all, even if I thought it would have been in her best interest.
...
As I understand it, there's a pretty high burden to this. And I suppose I can understand why, if the court is going to take away someone's legal rights and give them to someone else, but yeah, it's unfortunate when it allows them to keep making bad decisions so far into the end stages of life. ...



