Life imprisonment
Encyclopedia : L : LI : LIF : Life imprisonment
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In places where the death penalty is a possible sentence for a serious crime, life imprisonment is usually treated as a slightly lesser alternative punishment.
Contents
Children and teenagers
Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults. About a dozen countries worldwide allow for minors to be given lifetime sentences that have no provision for eventual release. Of these, only four—Israel, South Africa, Tanzania, and the United States—actually have minors serving such sentences, according to a 2005 joint-study Human Rights Watch and Amnesty International. Of these, the United States has by far the largest number of people serving life sentences for crimes they committed as minors: 9,700, of which 2,200 are without the possibility of parole, as of October 2005."[The Rest of Their Lives: Life without Parole for Child Offenders in the United States]", 2005. ISBN 1564323358. Summary: "[United States: Thousands of Children Sentenced to Life without Parole]". Human Rights Watch, October 12, 2005.Liptak, Adam (2005). "[Jailed for life after crimes as teenagers]". The New York Times. October 3.
Interpretation in
- In Austria, life imprisonment theoretically means imprisonment until the prisoner dies. After 15 years parole is possible, if and when it can be assumed that the inmate will not engage in criminal behaviour any more. This is subject to discretion of a criminal court panel, with possibility of appeals to the high court. Alternatively, the President may grant a pardon upon motion of the Minister of Justice. A life sentence is not applicable to persons who were younger than 21 years of age when committing the crime; these persons may get a sentence of up to 20 years.
- In Belgium, a life sentence is automatically changed into 30 years imprisonment. After a third of that sentence has been served, one can apply for parole.
- In Norway, a life sentence is limited to 21 years. It is common to serve two-thirds of this and only a small percentage serve more than 14 years. In extreme cases a sentence called "containment" (Norwegian: forvaring) can be passed. In such a case the subject will not be released unless deemed not to be of danger to society. This sentence is however not regarded as punishment, purely as a form of protection for society, meaning there is no minimum term, and that as long as the protective aspect is fulfilled, the subject can be granted privileges far beyond what is extended to people serving normal prison sentences.
- In Denmark, the laws are essentially similar to Norwegian standards, albeit with a 16 year maximum sentence. Some prisoners having committed extremely serious criminal acts may have their sentences made longer, however. It is also possible to detain the most extreme causes in hospitals for the mentally ill.
- In England and Wales, a life sentence is a prison term of indeterminate length. Formerly, the Home Secretary reserved the right to set the "tariff", or minimum length of term, for prisoners sentenced to life imprisonment, but since the Criminal Justice Act 2003 only a judge may set the tariff. The Act specifies three broad categories of murder with three "starting point" sentences. A "Whole Life Tariff" (known in the US as "life without parole") exists for multiple murders which involve sexual abuse of children or terrorism, as well as any murderer who had come out of prison and killed again. If such a sentence is handed down, then a prisoner is unlikely ever to be released from prison. A starting point of 30 years exists for people convicted of single murders involving sexual or sadistic conduct, killing using a firearm, during the course of a robbery or the killing of a Police Officer. For other murders the minimum starting point is a life sentence with a minimum of 15 years. The average sentence is about 15 years before the first parole hearing, although those convicted for heinous offences serve their sentences significantly longer - Ian Huntley was given a tariff of 40 years. Some receive "whole life tariffs" and die in prison, such as Myra Hindley and Harold Shipman; there are currently around 25 people serving whole life tariffs in the UK. Reggie Kray was serving a whole life tariff but was released on compassionate grounds in August 2000, as he was 67 years old, suffering from terminal cancer and had spent over 30 years behind bars. He died just five weeks after being paroled. Prisoners jailed for life are released on a life licence if the parole board authorises their release. The prisoner must satisfy the parole board that they are remorseful, understand the gravity of their crime and pose no future threat to the public.
- In Finland, life imprisonment is a sentence of theoretically indeterminate length. While the law does not force the release the prisoner after a certain amount of time, the president usually grants pardons for those who have served for more than 12 years and have exhibited good behaviour. The length of the life imprisonment has been on the increase.
- In France, life imprisonment (réclusion criminelle à perpétuité) lasts 30 years before being reexamined by a parole commission. This case occurs when reductions of sentence didn't apply. Reduction of sentence applies from 30 years up to a security duration (période de sureté). This duration initially lasts 18 years, but it can be set up to a maximum of 22 years (article 132-23 of penal code, http://www.legifrance.gouv.fr).
- In Germany, the minimum time to be served for a sentence of life imprisonment is 15 years, after which the prisoner can apply for parole. Until 1981, life imprisonment in Germany meant that a person sentenced to this had, if there was no mercy granted, to spend the rest of his life in prison. But in 1977 the German Federal Constitutional Court ruled that such a sentence is cruel and violates the German constitution. So, four years later, the Geman parliament introduced the possibility of parole after at least 15 years. If the verdict in the original trial includes an explicit finding of "exceptional severity of guilt" (in German: Besondere Schwere der Schuld), then the possibility of parole after 15 years is barred and the prisoner can apply for the first time significantly later, although there is no time fixed by law how much later this may be. After about 10 years of imprisonment, a specialised chamber (technical term in German: Strafvollstreckungskammer) of the criminal court which is responsible for the case sets a recommended minimum term to be served depending on the individual characteristics of the crime, in other words, a minimum time which is deemed just and appropriate for the severity of the crime. Release of a prisoner on parole requires (1) that this minimum time is served and (2) that a psychological expert opinion predicts no further danger from this prisoner and a positive social prognosis. In practice, a finding of "exceptional severity of guilt" drastically increases the time before parole is granted. The average time served for a life sentence in Germany is around 17 - 19 years, and with a finding of "exceptional severity of guilt" it increases to 23 - 25 years. The time a person serving a life sentence has to remain in jail also may depend on the state in which the person is serving the sentence. In the southern, rather conservative, states like Bavaria or Baden-Württemberg the time is significantly longer than in other German states. Around 20% of all people serving life imprisonment stay in prison until their natural death. In cases where the convict is found to pose a clear and present danger to society, the sentence can include a provision for "preventive detention" (in German: Sicherungsverwahrung) after the actual sentence. This is not considered a punishment but a protection of the public. The preventive detention is prolonged every two years until it is found that the convict is unlikely to commit further crimes. Preventive detention may last for longer than 10 years only in exceptional cases.
- In Greece, a "life term" lasts for 25 years, and one can apply for parole in 16 years. If sentenced to more than one life term, a person must serve at least 20 years before being eligible for parole. Other sentences will run concurrently, with 25-year terms being the maximum and with parole possible after three-fifths of this term are served.
- In Italy, life imprisonment (ergastolo in Italian) has an indeterminate length. After 10 years the prisoner may be conceded permission for day work outside the prison (he must be back at night). After 26 years he may be paroled. It is not uncommon for people considered "socially dangerous" to serve 50 years or more. Terminally ill or old prisoners are usually sent to house confinement.
- In the Netherlands, life imprisonment means in principle that the prisoner is to spend the rest of his life in prison. After 20 years he can appeal for mercy, but such an appeal is hardly ever successful.
- In Poland, the prisoner sentenced to life imprisonment must serve at least 25 years in order to be eligible to parole. Moreover, during sentencing, the court may set higher minimum term than above. Since the introduction of life imprisonment in 1997, such minimum term was never higher than 40 years.
- In Spain the maximum imprisonment term is 30 years. Although a criminal can be condemned for periods as long as 700 or 1000 years, the term for every charge is served simultaneously. Thus, the maximum time someone can spend in jail is equal to the maximum 30 (40 for terrorist crimes).
- In Sweden, life imprisonment is a sentence of indeterminate length. But since the law states that the most severe punishment is "prison for ten years or life", it is in practice never shorter than ten years. After that time the prisoner can apply to the government for parole. The government may also assign a determined length to the sentence.
- In Turkey, for crimes to be punished under anti-terrorism-law, there is a so called "strict life imprisonment". This sentence makes it impossible for the prisoner to be released from prison until his death.
Interpretation in North America
- In Canada, life imprisonment means that the offender will be under supervision, whether in prison or in the community, for the rest of his or her life. The maximum sentence is life imprisonment without the possibility of parole for 25 years, but this number can range from only a few years up to the maximum. There is no guarantee that parole will be granted if National Parole Board determines that the offender still poses a risk to society. At the present time, the so-called Faint-Hope Clause, which specifies those serving a life term have a chance to apply for parole after 15 years, as opposed to the maximum of 25, is still in force. However, the new Conservative Government, elected to a minority in January, 2006, has pledged to repeal the Faint-Hope Clause. Moreover, the courts may apply a Dangerous Offender designation, which is in fact an indeterminate sentence: no minimum and no maximum, but parole review occurs every seven years. Current sentencing guidelines, provided by the Legislative leaders to judges of all levels on an annual basis, ensure that both a "Life" sentence and the "Dangerous Offender" designation are very rarely used, even when the offender is found guilty for particularly grievous offenses.
- In the United States, the definition varies from one U.S. state to another. Life imprisonment often lasts until the prisoner dies, especially in cases where life imprisonment is imposed as alternative to the death penalty. It is also usual that life terms are given in sentences that are intentionally longer than how long the prisoner is expected to live, e.g. a 200-year sentence for multiple counts of murder. In contrast to that, there are also many states where a convict can be released on parole after a decade or more has passed. For example, sentences of "15 years to life" or "25 years to life" may be given; this is called an "indeterminate life sentence," while a sentence of "life without the possibility of parole" is called a "determinate life sentence." Even when a sentence specifically denies the possibility of parole, government officials may have the power to grant amnesty or reprieves, or commute a sentence to time served. Under the federal criminal code, however, with respect to offenses committed after December 1, 1987, parole has been abolished for all sentences handed down by the federal system, including life sentences, so a life sentence from a federal court will result in imprisonment for the life of the defendant, unless a pardon or reprieve is granted by the President. A broad range of crimes can serve as the predicate act for a life sentence in the United States, ranging from petty theft to murder. Notably, the U.S. Supreme Court on several occasions has upheld lengthy sentences for petty theft including life without the possibility of parole and 50 years to life; neither conflicts with the ban on "cruel and unusual punishment" in the Eighth Amendment to the United States Constitution because they are not torture.See Rummel v. Estelle, [445 U.S. 263] (1980) (upholding life sentence for fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses) and Lockyer v. Andrade, [538 U.S. 63] (2003) (upholding sentence of 50 years to life for stealing videotapes on two separate occasions).
- In Mexico, life imprisonment is defined as any long and indeterminate sentence ranging from 20 years up to a maximum of 40 years. The Mexican Supreme Court ruled in 2001 that life imprisonment without the possibility of parole is unconstitutional because it is cruel and unusual punishment, in violation of Article 18 of the Constitution of Mexico. Subsequently, many American criminals were alleged to have fled to Mexico specifically because they know Mexico will not typically extradite them to any U.S. state(or any country) where the maximum sentence imposable exceeds what is permissible under Mexican law.[[Citing sources citation needed]] The difference between the American and Mexican views of life imprisonment caused high levels of friction in cross-border politics until further judgments by the Mexican Supreme Court reopened the possibility of extradition.For details of new rulings from Mexican Supreme Court, see: ["Wanted Fugitive Raul Gomez Garcia Extradited to the U.S." (US Embassy in Mexico)] and [Mexico alters extradition rules (BBC News)]) Ramón Mercader, the assassin who killed Leon Trotsky with an ice axe, served only a twenty year sentence before being released in 1960.
Interpretation in Asia/Pacific
- In New Zealand, a life sentence is an indeterminate sentence given automatically for murder and treason, and is the maximum sentence for manslaughter. In reality it is unheard of for a prisoner to die of old age in prison, and most are paroled. The default non-parole period for murder is 10 years, though in cases of particular violence the starting point is 17 years. The sentencing judge may demand a longer non-parole period, and as of 2006 the longest non-parole period handed down was 33 years, in 2003 to William Dwane Bell. This was reduced to 30 years on appeal, which remains the longest non-parole period on record.
New Zealand also has an indefinite sentence of Preventive Detention, which is handed out for crimes other than treason or murder/manslaughter. Traditionally handed down to repeat sexual offenders, in 2002 the criteria were extended to included serious recidivist offending of a non-sexual, but violent, nature. Preventive detention has a minimum non-parole period of five years, and the sentencing judge may extend this if they believe that the offender's history warrants it.
Parole under NZ law is no longer automatic, and it is theoretically possible for a person sentenced to life or to preventive detention to remain in prison for the rest of their natural life.
- In India, life imprisonment means that a person has to serve at least 25 years in prison before being able to be paroled.
- In Japan, the life sentence is the most severe punishment below the death penalty. A criminal who is sentenced to life imprisonment has to spend at least 10 years in custody before he gets the possibility to be paroled. Although statistics of the Japanese government show that very few persons are already paroled after 10 years, the fear of the public that a murderer might get free after such a short time is one of the most important factors for the favor of the death penalty. There are plans to enable judges to set a longer period than 10 years before being able to get parole in order to create a alternative to the death penalty which is accepted by public and secures that dangerous prisoners will not get free too soon.
Notes
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