Life imprisonment

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Life imprisonment is a term used for a particular kind of sentence of imprisonment. The effect of such a sentence varies between jurisdictions; many nations have a maximum possible period of time a prisoner may be incarcerated, or require the possibility of parole after a set amount of time.

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. It may also be considered a more humane punishment option than execution.

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Children and teenagers

Like other areas of criminal law, the sentences given to young people who are minors, or not yet legal adults, 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 survey by two US human rights groups. Of these, the United States has by far the largest number of minor prisoners with life sentences, at about 9,700 of which 2,200 are without the possibility of parole.[1]

Interpretation in North America

  • In the United States, life imprisonment usually lasts until the prisoner dies. Sometimes 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 actuality, a life sentence does not always mean "imprisonment for life." In many states, 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. 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.

Interpretation in Europe

  • In Austria, life imprisonment theoretically means imprisonment until the inmate 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 commiting the crime; these persons may get a sentence of up to 20 years.
  • In Finland, life imprisonment is a sentence of theoretically indeterminate length. While the law does not force the release the prisoner after certain amount of time, the president usually grants pardons for those who have served for more than 10 years and have exhibited good behaviour.
  • 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. If the verdict in the original trial includes an explicit finding of "exceptional gravity of guilt" (in German: "Besondere Schwere der Schuld") then the possibility of parole after 15 years is excluded and the prisoner can apply for the first time after 18 years. 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 gravity 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 reality, a finding of "exceptional gravity of guilt" drastically increases the time before parole is granted. The average time served for a life sentence in Germany is around 20 years. Around 20% of all people serving life imprisonment stay in prison until their natural death.
  • 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 granting such an appeal happens only very rarely.
  • 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 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 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 the United Kingdom, 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 2005 only a judge may set the tariff. The average sentence is about 15 years before the first parole hearing, although those convicted for heinous offenses 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. Prisoners jailed for life are released on a life licence if the parole board authorises their release.

Interpretation in Asia and Oceania

  • In the People's Republic of China, the term of life imprisonment depends upon the nature of the crime. Those serving life sentences for non-violent crimes can apply for parole after ten years; however this does not apply to those serving life sentences for violent crimes such as murder, rape, robbery and kidnapping, who are to remain imprisoned until their deaths.
  • In Australia, life imprisonment is of indeterminate length. The sentencing judge usually sets a non-parole period, usually of 15-25 years but could be more, after which the prisoner can apply for parole. In the case of a criminal who has committed particularly heinous crimes, the sentencing judge may recommend that the person is "never to be released".

Notes

  1. ^  Liptak, Adam (2005). "Jailed for life after crimes as teenagers". The New York Times. October 3.

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