Although most serial killers suffer from at least one of a variety of personality disorders, including psychopathy and anti-social personality, most are not found to be insane under the law. Serial murders need planing so intent will be proved beyond doubt. There are some cases that mental incapability aplied but most cases will not go througt like that. For those charged with serial killing, the best way to go is to keep quiet during the hearing. The worst he can do will be defending himself in court.
When someone successfully uses the insanity plea then they would plead not guilty by reason of insanity
The actual plea would have to be "Not Guilty by Reason of Insanity." The job for the defense attorney would have to be to prove the claim of "derealization" as sufficient enough to qualify under that plea.
The state of Germany
People can no longer plea insanity due to the Affordable health care act.
about 26% of all court cases
An insanity plea -- the contention that the individual could not distinguish between right and wrong at the time of the crime -- can be used in any criminal proceeding. It is, however, more effective in some than in others.
Fred'k H. Teese has written: 'Insanity as a reply to the plea of suicide'
Some successful criminal defenses are used by the defense attorney to the accused and some defenses include: insanity, temporary insanity, and the non-guilty plea.
As far as I can tell there has been no definitive answer in the Holmes case. The judge accepted his plea of insanity in June 2013. There was word that his defense was thinking of withdrawing that plea, which would indicate that his legal council probably needs psychiatric care also. Holmes best defense would be insanity. He would then escape the death penalty and probably would serve his sentence in a mental hospital as opposed to prison.
There are several differences but the main difference is a successful plea of insanity will, in most states, result in a verdict of "not guilty" and commission of the defendant to a mental institution. Diminished capacity merely results in the defendant being convicted of a lesser offense.
If the jury doesn't find the evidence given in support of the insanity defense to be believable, yes, the defendant can be found guilty as charged.
good