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Punishment depends on, first and foremost, the killer's capture. It is virtually impossible to punish someone until they are apprehended. There are cases where some killers do not automatically receive imprisonment after a conviction. An example of this would be Ed Gein of Plainsville, Wisconsin, in 1957. Gein was found incompetent to stand trial due to mental issues. He eventually was brought before the court but spent the remainder of his life in a mental hospital.

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There are many factors that can influence whether a convicted killer receives death as opposed to life in prison. There are 18 states that have no death penalty so the alternative is life without parole. In the 32 states that support capital punishment there are usually special circumstances which can mean life or death to the convicted, and these vary from state to state. The brutality of the crime itself, premeditation, killing children etc. are considered. It is also true that many killers make a bargain with prosecutors. If they confess and forego a jury trial they may be sentenced to life instead. Occationally a jury may bypass death because they can't agree or are not convinced special circumstances were proven.

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Q: Why does the justice system punish some serial killers?
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