Response to each postings 150 word count minimum.

 Response postings 150 word count minimum for each post.  Word counts are based on content only; references are not included in the word count assessment.  The minimum requirement is three (2) scholarly sources, one of these must be a peer reviewed journal article published in the past 7 years.  perfect APA 7th edition technique. 

1) Serial killers rarely use the insanity defense for a host of reasons. Studies show serial killers are meticulous in their planning, execution, and exit strategy with each victim they choose (Bonn, 2014). At times, a serial killer has gone off script and conducted themselves in a manner of haste, which has led to their capture. Generally, serial killers are social, they do not stand out in a crowd, and they blend in with those around them. Serial killers may also visit the scene of their destruction, and even offer help to law enforcement as a concerned citizen. To say serial killers are insane is a misconception of their character, as well as their determination to satisfy their craving to kill again. This trait makes them very dangerous to the public and hard to capture by law enforcement.

The legal test of Irresistible Impulse, if proven, will find the defendant not guilty by reason of insanity (Legal Information Institute, 2020). This test will prove a mental disease or defect beyond the defendants’ control has driven them to commit a crime. This type of defense is very hard to prove. An example of this test would be a parent acting in an aggressive and protective manner while defending their children caused serious bodily injury or death to the attacker. A defense they may use would be one of temporary insanity. The parent may claim their parental instincts took control, and in doing so, marred their judgment and impaired their control in making the correct choice of right-from-wrong.

According to Ryan Howes, Ph.D. ABPP, of Psychology Today, defines insanity as having a mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior (Howes, 2009). So, by that definition, the Irresistible Impulse claim of defense would not hold up. This type of legal test is one of the most controversial questions in the field of Criminal Law. The question is whether an Irresistible Impulse produced a mental disease that would allow a defendant to use this claim. Statutes, court decisions, and the opinions of writers are in direct conflict (Keedy, 1952, p. 956).

Some researchers say the reason for the decline in serial killers may be the advancement in forensic testing (Johnston, 2018). Also, would-be-victims are more aware of their surroundings, as well as arming themselves for protection. These factors make becoming a victim harder and the killer easier to catch.

References

Bonn, S. (2014). 5 Myths about Serial Killers and why they persist. https://www.scientificamerican.com/article/5-myths-about-serial-killers-and-why-they-persist-excerpt/

2) While in a legal sense, insanity is a condition which renders the affected person unfit to enjoy the liberty of action because of the unreliability of his behavior with concomitant danger to himself and others (Black Law’s Dictionary as cited in Schmalleger & Hall, 2017, p. 186), psychiatrists argue that a person may be mentally ill or abnormal, but still legally sane (Schmalleger & Hall, 2017). For this primary reason, proving an individual legally insane or not guilty by reason of insanity is a difficult and complex process.  ("When is a Person", n.d.). Under the irresistible impulse test, a person has the mental capacity to recognize that his conduct is wrong, but because he suffers from a mental disease or disorder, at the time of the criminal offense, he was unable to control his impulsive behavior. (Schmalleger & Hall, 2017).  This particular test indicates that individuals are able to understand the difference between right and wrong, but have urges to commit criminal offenses and carry them out, are not insane.

     According to statistics compiled by the Behavioral Analysis Unit of the Federal Bureau of Investigation, serial killers are not adjudicated as insane under the law ("Serial Murder, n.d.). "Personality disorders have not generally been viewed as sufficiently severe to meet the mental disorder or mental defect requirement of most insanity statutes" (Krauss & Lieberman, 2009, as cited in Gay, 2010). As an overall group, serial killers do suffer from a variety of personality disorders including psychopathy and anti-social personality (“Serial Murder”, n.d.), but studies show that these disorders are not debilitating, and that most serial killers are exceptionally ordinary fully functioning adults. In fact, they function so well that they are able to avoid detection through careful planning, lying, and manipulation (Van-Aken, 2015), just as any other 'ordinary' person would do to avoid being caught and prosecuted for a crime.

     Serial killers rarely use the insanity defense successfully because they do not fit the narrow and stringent category which defines insanity. Traditionally, the insanity defense is described as mental disease or defect, and “mental disease alone does not absolve a defendant from responsibility for his criminal acts” (Asokan, 2016, p. S193).  As extensive research has shown, serial killers are fully aware of their actions, right and wrong. These individuals are not to be considered legally insane, and with many courts relying on professional and expert testimony, it is rare that serial killers are able to use the insanity defense successfully.

References 

Asokan, T.V. (2016). The insanity defense: Related issues. Indian Journal of Psychiatry, 58, S191-S198.

https://doi-org.bethelu.idm.oclc.org/10.4103/0019-5545.196832

Gay, A. (2010). Reforming the insanity defense: The need for a psychological defect plea. Inquiries Journal 2(10).      http://www.inquiriesjournal.com/articles/304/reforming-the-insanity-defense-the-need-for-a-psychological-defect-plea