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Chapter 22 - Legal System and Sentencing of Serial Killers

Understanding the psychology of serial killers is only one side of the coin. The other side involves how the criminal justice system responds once such killers are caught. From legal procedures and sentencing, to mental health evaluations, and their lives behind bars, this chapter explores the intersection of criminology, law, and justice in handling serial offenders.

How Different Countries Sentence Serial Killers

The approach to punishing serial killers varies dramatically across legal systems. While most nations treat serial murder as the gravest offense, the form of punishment can reflect political, cultural, and ethical values.

1. United States

Death penalty is a common sentence in states where it's legal.

Some serial killers, like Ted Bundy, were executed.

Others, like Jeffrey Dahmer, received multiple life sentences.

Sentencing often includes no possibility of parole due to the horrific nature of the crimes.

2. Pakistan

In cases like Javed Iqbal, who confessed to killing over 100 children, the court sentenced him to die in the same way he murdered his victims — strangled and dissolved in acid. However, he was found dead in prison before the sentence could be carried out.

Death penalties and long-term imprisonment are standard, though execution methods may face international criticism.

3. Europe

Most European countries, including Germany and Norway, do not allow the death penalty.

Sentences focus on life imprisonment with periodic mental evaluations.

In Norway, mass murderer Anders Breivik received 21 years (extendable indefinitely), sparking global debate.

4. Japan and China

These countries allow capital punishment for severe crimes, including serial murder.

Trials are often swift, and executions may be carried out with limited public information.

The Insanity Plea and Psychological Evaluations

A controversial aspect of legal proceedings involving serial killers is the use of the insanity defense. Not all killers are mentally ill in a legal sense, but many raise the plea to avoid harsh sentencing.

To be found legally insane, the defense must prove:

The killer could not understand the nature of their actions, or

Could not distinguish right from wrong at the time of the crime.

Examples:

Ed Gein was found legally insane and committed to a mental institution.

John Hinckley Jr., who shot U.S. President Ronald Reagan, successfully used the insanity plea — sparking public backlash and tighter legal definitions of mental illness.

Psychological assessments are done by forensic psychologists who evaluate:

Mental disorders

Risk of reoffending

Competence to stand trial

If found unfit, the killer may be sent to a psychiatric facility rather than prison — sometimes for life.

Role of Forensic Psychologists in Court

Forensic psychologists are key players in legal cases involving serial killers. Their tasks include:

Conducting risk assessments

Providing expert testimony on mental state

Helping determine motive and behavioral patterns

Assisting law enforcement in offender profiling

Their evaluations can influence whether the defendant is considered criminally responsible or receives an alternative sentence (e.g., psychiatric confinement).

Prison Life of Serial Killers — Can They Be Reformed?

Once convicted, serial killers are usually placed in maximum-security prisons or psychiatric hospitals. Many are kept in isolation due to the danger they pose to other inmates and themselves.

Key Realities:

Jeffrey Dahmer was murdered by another inmate.

Dennis Rader (BTK) continues to serve multiple life sentences in solitary confinement.

Aileen Wuornos became increasingly unstable and was eventually executed.

While some killers appear to show remorse or undergo therapy, true rehabilitation is rare. The deep-rooted psychological issues and lack of empathy make treatment difficult. In many cases, the risk of reoffending is too high to allow for release.

In conclusion, while society may never fully understand the mind of a serial killer, the legal system aims to ensure justice through structured procedures, mental evaluations, and appropriate sentencing. For criminology students, this chapter emphasizes the crucial role of law, psychology, and ethics in shaping responses to some of the most disturbing crimes known to mankind.

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