Life imprisonment (also known as imprisonment for life, life in prison, a life sentence, a life term, lifelong incarceration, or life incarceration) is any sentence of imprisonment for a crime under which convicted persons are to remain in prison either for the rest of their natural life or until paroled. Crimes for which a person could receive this sentence include murder, attempted murder, conspiracy to commit murder, blasphemy, terrorism, severe child abuse, rape, espionage, treason, high treason, drug dealing, drug trafficking, drug possession, human trafficking, severe cases of fraud, severe cases of financial crimes, aggravated criminal damage in English law, and aggravated cases of arson, kidnapping, burglary, or robbery which result in death or grievous bodily harm, piracy, aircraft hijacking, and in certain cases genocide, ethnic cleansing, crimes against humanity, certain war crimes or any three felonies in case of three strikes law.
Life imprisonment can, in certain cases, also be imposed for traffic offenses causing death, as a maximum term. Canada and some U.S. states allow judges to impose life imprisonment for such offenses.
This sentence does not exist in all countries. Portugal was the first country in the world to abolish life imprisonment by the prison reforms of Sampaio e Melo in 1884. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole after a certain period of imprisonment. This means that a convict could be entitled to spend the rest of the sentence (until that individual dies) outside prison. Early release is usually conditional on past and future conduct, possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free. The length of time served and the conditions surrounding parole vary greatly for each jurisdiction. However, the time until being entitled to apply for parole does not necessarily tell anything about the actual date of parole being granted. In most countries around the world, a person granted parole after being sentenced to life imprisonment is usually on parole for the remainder of their natural lives.
Some technically finite sentences are handed out, especially in the United States, that exceed the human maximum life span and are therefore seen as de facto life sentences. Additionally, for particularly heinous crimes, courts will sometimes add additional years onto the sentence, in addition to life imprisonment, in order to ensure that no amount of good behavior could ever result in the person being set free. For example, Ariel Castro, who kidnapped Michelle Knight, Amanda Berry, and Gina DeJesus from the streets of Cleveland, was sentenced in 2013 to "life, plus 1,000 years" for the 937 criminal counts including kidnapping, rape, and murder. Courts in South Africa have handed out at least two sentences that have exceeded a century (to Moses Sithole, whose sentence exceeds two millennia, and Eugene de Kock).
Few countries worldwide allow for minors to be given lifetime sentences that have no provision for eventual release; these include Antigua and Barbuda, Argentina (only over the age of 16), Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. According to a University of San Francisco Law School study, only the U.S. had minors serving such sentences in 2008. In 2009, Human Rights Watch estimated that there were 2,589 youth offenders serving life without parole in the U.S. The United States leads in life sentences (both adults and minors), at a rate of 50 people per 100,000 residents imprisoned for life.
Video Life imprisonment
United States
In 2011, the Supreme Court of the United States ruled that sentencing minors to life without parole, automatically (as the result of a statute) or as the result of a judicial decision, for crimes other than intentional homicide, violated the Eighth Amendment's ban on "cruel and unusual punishments", in the case of Graham v. Florida.
Graham v. Florida was a significant case in juvenile justice. In Jacksonville, Florida, Terrence J. Graham tried to rob a restaurant along with three adolescent accomplices. During the robbery one of Graham's accomplices had a metal bar that he used to hit the restaurant manager twice in the head. Once arrested, Graham was charged with attempted armed robbery and armed burglary with assault/battery. The maximum sentence he faced from these charges was life without the possibility of parole, and the prosecutor wanted to charge him as an adult. During the trial, Graham pleaded guilty to the charges, resulting in three years of probation, one year of which had to be served in jail. Since he had been awaiting trial in jail, he already served six months and therefore was released after six additional months.
Within six months of his release, Graham was involved in another robbery. Since he violated the conditions of his probation, his probation officer reported to the trial court about his probation violations a few weeks before Graham turned 18 years old. It was a different judge presiding over his trial for the probation violations a year later. While Graham denied any involvement of the robbery, he did admit to fleeing from the police. The trial court found that Graham violated his probation by "committing a home invasion robbery, possessing a firearm, and associating with persons engaged in criminal activity", and sentenced him to 15 years for the attempted armed robbery plus life imprisonment for the armed burglary. The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003".
Graham's case was presented to the United States Supreme Court, with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases. The Justices eventually ruled that such a sentence violated the juvenile's 8th Amendment rights, protecting them from punishments that are disproportionate to the crime committed, resulting in the abolition of life sentences without the possibility of parole in non-homicide cases for juveniles.
In 2012 the Supreme Court ruled in the case of Miller v. Alabama in a 5-4 decision and with the majority opinion written by Associate Justice Elena Kagan that mandatory sentence of life in prison without parole for juvenile offenders are unconstitutional. The majority opinion stated that barring a judge for considering mitigating factors and other information, such as age, maturity, and family and home environment violated the Eighth Amendment ban on cruel and unusual punishment. Sentences of life in prison without parole can still be given to juveniles for aggravated first-degree murder, as long as the judge considers the circumstances of the case.
Maps Life imprisonment
World view
Reform or abolition
In a number of countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal and have written such prohibitions into their current constitutional laws (including Portugal itself but not Spain).
A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia and Spain, which set the maximum sentence at 40 years (for each conviction, which in practice keeps the possibility of de facto life imprisonment), Bosnia and Herzegovina, which sets the maximum sentence at 45 years, and Portugal, which abolished all forms of life imprisonment in 1884, sets the maximum sentence at 25 years.
Norway (de jure) and Spain (de facto from 1993 until February 2018, the question being now debated of reintroducing de jure life imprisonment, its habitual practice before it became a democracy in 1978-1983) have abolished life imprisonment but retain other forms of indefinite imprisonment.
In Europe, the only countries in which the law expressly provides for life sentences without the possibility of parole are some constituent parts of the United Kingdom (England, which includes Wales since this is not a devolved competency and the legal system of England is still in force in Wales), the Netherlands, Slovakia, and Bulgaria.
In South and Central America, Honduras, Nicaragua, El Salvador, Costa Rica, Venezuela, Colombia, Uruguay, Bolivia, Ecuador, and the Dominican Republic have all abolished life imprisonment. The maximum sentence is 75 years in El Salvador, 60 years in Colombia, 50 years in Costa Rica and Panama, 40 years in Honduras, 35 years in Ecuador, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay. Brazil has a maximum sentence of 30 years under statutory law, but life imprisonment and capital punishment are provided by law for crimes committed during wartime (for military crimes such as treason, desertion, and mutiny) and in the Constitution.
In the United States, a 2009 report by the Sentencing Project suggested that life imprisonment without parole should be abolished in the country. U.S. law enforcement officials opposed its proposed abolition.
Pope Francis proposed the abolition of both capital punishment and life imprisonment in a meeting with representatives of the International Association of Penal Law. He also stated that life imprisonment, recently removed from the Vatican penal code, is just a variation of the death penalty.
Overview by jurisdiction
See also
- 10-20-Life
- Incapacitation (penology)
- Indefinite imprisonment
- List of prison deaths
- Use of capital punishment by country
Notes
External links
- International perspectives on life imprisonment
Source of the article : Wikipedia
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