Life imprisonment: Difference between revisions
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{{Criminal procedure (trial)}} |
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'''Life imprisonment''' (also known as a '''life sentence''', '''life-long incarceration''' or '''life incarceration''') is a [[sentence (law)|sentence]] of [[incarceration|imprisonment]] for a serious crime under which the convicted person is to remain in [[prison|jail]] for the rest of his or her life. Examples of crimes for which a person could receive this sentence include [[murder]], [[high treason]], severe or violent cases of [[Illegal drug trade|drug dealing]] or [[human trafficking]], or aggravated cases of [[burglary]] or [[robbery]] resulting in death or grevious bodily harm. |
'''Life imprisonment''' (also known as a '''life sentence''', '''life-long incarceration''' or '''life incarceration''') is a [[sentence (law)|sentence]] of [[incarceration|imprisonment]] for a serious crime under which the convicted person is to remain in [[prison|jail]] for the rest of his or her life. Examples of crimes for which a person could receive this sentence include [[murder]], [[high treason]], severe or violent cases of [[Illegal drug trade|drug dealing]] or [[human trafficking]], or aggravated cases of [[burglary]] or [[robbery]] resulting in death or grevious bodily harm. In some cases, a life sentence is also given for [[troll (internet)|trolling]], however this does not apply when the troll in question has merely been abusing the [[Justin Bieber]] article on [[Wikipedia]]. |
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This sentence does not exist in all countries. [[Portugal]] was the first country in the world to abolish life imprisonment by Penal Reform 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 (that is, until he or she dies) outside of prison. Early release is usually ''conditional'' depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has served the given prison sentence is ''free'' upon release. |
This sentence does not exist in all countries. [[Portugal]] was the first country in the world to abolish life imprisonment by Penal Reform 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 (that is, until he or she dies) outside of prison. Early release is usually ''conditional'' depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has served the given prison sentence is ''free'' upon release. |
Revision as of 14:59, 15 November 2010
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Life imprisonment (also known as a life sentence, life-long incarceration or life incarceration) is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life. Examples of crimes for which a person could receive this sentence include murder, high treason, severe or violent cases of drug dealing or human trafficking, or aggravated cases of burglary or robbery resulting in death or grevious bodily harm. In some cases, a life sentence is also given for trolling, however this does not apply when the troll in question has merely been abusing the Justin Bieber article on Wikipedia.
This sentence does not exist in all countries. Portugal was the first country in the world to abolish life imprisonment by Penal Reform 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 (that is, until he or she dies) outside of prison. Early release is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has served the given prison sentence is free upon release.
The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some places convicts are entitled to apply for parole relatively early, in others only after several decades. However, the time of legally being entitled to apply for parole does not often tell anything about the actual date of being granted parole. Article 110 of the Rome Statute of the International Criminal Court stipulates that for the gravest forms of crimes (e.g., war crimes, crimes against humanity and genocide), a prisoner ought to serve two thirds of a fixed sentence, or 25 years in the case of life imprisonment. After this period, the court shall then review the sentence to determine whether it should be reduced.
Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults. A few countries worldwide had allowed for minors to be given lifetime sentences that have no provision for eventual release. Of these, only the United States currently has minors serving such sentences, according to an updated 2008 joint study by Human Rights Watch and Amnesty International. As of 2009, Human Rights Watch has calculated that there are 2,574[1] youth offenders serving life without parole in the United States.[2] The U.S. and Somalia are the only countries in the world which refused to ratify the CRC, an international agreement that would abolish the ability to give juveniles life without the possibility of parole.[citation needed] In 2010, the United States Supreme court ruled that sentencing minors to life without parole for crimes other than murder violated the 8th Amendment's ban on "cruel and unusual" punishment. [3]
World view
Overview by jurisdiction
Summary by Country
Jurisdiction (link to details) | Life imprisonment | Minimum to serve before eligibility for requesting parole | Maximum length of sentence | Indefinite sentence (excl. preventive or psychiatric detainment) | Mandatory sentence | Possible other sentence | Under age of 18 (or 21) | Pardon, amnesty, other release |
---|---|---|---|---|---|---|---|---|
Argentina | Yes | 20 years, or never | None | Yes | Murder with aggravating circumstances; murder of a relative; murder of or by a police officer; treason | Serial rape | ?? | By president or governor of a state (depending on jurisdiction) |
Austria | Yes | 15 years [citation needed] | None | Yes | ?? | ?? | Maximum length 20 years | Pardon by president |
Australia | Yes | 10 years, 20 years, 25 years, or never; individually set by judge | None | Yes | Murder of police officer or other public official, murder in South Australia, Queensland, Northern Territory, aircraft hijacking | Treason, terrorism, drug trafficking, rape | Must have minimum term set (under 18) | Compassionate release by Governor of state/Administrator of territory, or Governor-General |
Belarus | Yes | 25 years | None | ?? | ?? | ?? | Maximum length 15 years | ?? |
Belgium | Yes | 10 years, or 16 years if recidivist[citation needed] | None | ?? | ?? | ?? | ?? | ?? |
Bolivia | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Bosnia and Herzegovina | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Brazil | No (except in wartime)[citation needed] | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Bulgaria | Yes | ??? | None | ??? | ??? | ??? | ?? | By President |
Canada | Yes | 7–25 years | None | Yes Dangerous Offender | High treason and murder | Drug trafficking, terrorism, aggravated sexual assault, manslaughter, kidnapping, robbery, crimes against humanity | No, unless tried as an adult | Compassionate release and pardon by minister of justice |
Colombia | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Chile | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
People's Republic of China | Yes | 10 years or never[4] | None | Yes | ?? | ?? | ?? | ?? |
Croatia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | No | No life imprisonment sentence |
Cuba | Yes | 30 years or never | None | Yes | Murder,Rape, Sodomy, Kidnapping, Politcal/Military Crimes, Terrorism | Drug Trafficking, Human Trafficking, Firearm Trafficking | Yes | By President
|
Cyprus | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
Czech Republic[5] | Yes | 20 years | None | No | None | some cases of murder, treason, terrorism, genocide, robbery, kidnapping, rape | No life imprisonment sentence | ?? |
Denmark | Yes | 12 years, or never [citation needed] | None [6] | Yes | ?? | ?? | Maximum length 15 years | After 12 years entitled to request to Minister of Justice; granted by King or Queen of Denmark |
Dominican Republic | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Ecuador | No | Varies, depending on sentence | 25 years (35 years in exceptional cases) | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Estonia | Yes | Never[7] | None | Yes (de facto) | ?? | ?? | Maximum length 20 years | Pardon by president[8] |
Finland | Yes | 12 years for court release, anytime of presidential pardon[9] | None | Yes | Murder, purposefully killing police officer | Genocide, high treason, espionage, war crimes | Maximum length 15 years (under age of 18); minimum 10 years for parole request (under age of 21) | By president, Helsinki Court of Appeal |
France | Yes | 18–22 years, 30 years, or never | None | Yes | Aggravated Murder | Treason, terrorism, drug trafficking | Maximum length 20 years (under age of 16) | By president |
Germany | Yes | Minimum 15 years | None | No | Murder, genocide, crimes against humanity, war crimes against a person | See details | No life imprisonment (Maximum term length: 10 years) | By Federal President or Minister-Presidents |
Hungary | Yes | 20 – 40 years, or never | None | Yes | ?? | ?? | ?? | By president |
Hong Kong | Yes | Individually set by judge | None | Yes | Murder | ?? | Must have minimum term set | By Chief Executive of Hong Kong, under the recommendation of Long Term Prison Sentences Review Board |
Iceland | Yes | 22 years, 33 years or never | None | Yes | Murder,Terorism,Drug and Human Trafficking, Treason, Espionage | Aggravated/Armed Cases of any felony, Torture, Smuggling Crimes(Excluding Drugs and Humans) | No Maximum Length 21 years imprisonment with no parole for 14 years. | By President |
India | Yes | 14 years or never; individually set by judge | None | Yes | Yes, for certain specified offences | ?? | ?? | May be pardoned by President or have sentence commuted by Government |
Indonesia | Yes | Individually set by judge | None | Yes | Murder, Terrorism, Kidnapping, Rape, Treason | ????? | ?? | ????? |
Ireland | Yes | 12– 30 years or never; individually set by judge | None | Yes[citation needed] | Murder, treason, some syringe injuries, etc. see details | See details | ?? | By President |
Israel | Yes | 13 – 30 years, or never | None | Yes[citation needed] | Murder | ?? | ?? | By president |
Italy | Yes | 21 years, 26 years, or never | None | Yes | Murder, terrorism | ?? | No life imprisonment sentence | By president |
Jamaica | Yes | 10 – 30 years or never; individually set by judge | None | Yes | ?? | ?? | ?? | ?? |
Japan | Yes | 10 years or never | None | No | ?? | ?? | No life imprisonment without parole | ?? |
Kazakhstan | Yes | 25 years | None | Yes | ?? | ?? | ?? | ?? |
Kiribati | Yes | 5–25 years, or never | None | ?? | ?? | ?? | ?? | ?? |
Laos | Yes | Never | None | Yes | ?? | ?? | ?? | ?? |
Latvia | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
Macau | No | Varies, depending on sentence | 25 years (30 in exceptional circumstances)[10] | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Mexico | No | Varies, depending on sentence | 50 years | No [11] | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
The Netherlands | Yes | Never | None | Yes (de facto) | None | Murder, attack on monarch, violence to parliament, several facts constituting an offence resulting into death of (a) person(s) (not manslaughter), manslaughter combinated with other facts (not manslaughter only), facts with intent to terrorism, different forms of treason. | under 12: never prosecution 12 - 16: 1 year imprisonment max. 16 - 18: 2 years imprisonment max. |
By monarch (almost never granted) |
Nepal | No | 3 years | 5 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
New Zealand | Yes | 10 years, 17 years, 20 years, or never; individually set by judge | None | Yes | Murder, treason | Manslaughter, certain drug related | Must have minimum term set (under 18) | Sentence may be reduced or pardon granted by the Governor General (Rarely done) |
Nigeria | Yes | Never[12] | None | Yes | ?? | ?? | No life imprisonment sentence | ?? |
North Korea | Yes | Never | None | Yes (de facto and de jure) | Murder, espionage, treason | ?? | ?? | By president (never happened)[citation needed] |
Norway | No | Varies, depending on sentence | 21 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Pakistan | Yes | 25 years | None | ?? | ?? | ?? | ?? | ?? |
Peru | Yes | 30 years or never | None | Yes | Murder, Terrorism,Drug Trafficking,Human Trafficking, Treason | Kidnapping, Smuggling of Nuclear Waste, Firearm Smuggling, Sex Crimes | Yes, in certain serious cases | By President |
Poland | Yes | 25 years or more - individually set by judge | None | No | Some cases of war crimes and genocide committed during WWII | Genocide, war crimes, high treason, murder, assassination attempt of Polish president | Maximum length 25 years (under age of 18) | Pardon by president (never happened since reintroduction of sentence in 1995), Amnesty by act of parliament (last amnesty in 1989) |
Portugal | No | Varies, depending on sentence | 25 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Romania | Yes | 20 years | None | ?? | ?? | ?? | ?? | ?? |
Republic of the Congo | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Russia | Only men aged 18–65 | 25 years | 25 years (30 years in exceptional circumstances) for all women, and men over the age of 65 | No | Not mandatory for men aged 18–65[citation needed]; no life imprisonment sentence for all women, and men over the age of 65 | See details | Maximum length 10 years (under age of 18) | By president |
Slovakia | Yes | 30 years | None | ?? | ?? | ?? | ?? | ?? |
South Africa | Yes | 10, 15, or 25 years; hearing mandatory after 25 years[citation needed] | None | No[citation needed] | Certain murder, rape and robbery | ?? | ?? | ?? |
Switzerland | Yes | 10 years, 15 years or never; individually set by judge | None | Yes | None | Aggravated murder[13], aggravated hostage-taking[14], genocide [15], endangering the independence of the country [16] | Maximum 4 years if between 15–17 years (under 15 years, no imprisonment)[17] | By Federal Assembly (Parliament)[18] |
Sweden | Yes | 10 years or never | None | Yes | None | Murder, kidnapping, arson, war crimes, espionage, sabotage, violent robbery | Life imprisonment sentence from 15 years | By the District Court of Örebro. |
South Korea | Yes | 10 years | None | ?? | high treason, robbery (rape) with deadly outcomes, arson, murder of relative, etc. | ?? | Maximum 10 years (For certain violent crimes 20 years) | By President and requires agreement of National Assembly |
Serbia | No | Varies, depending on sentence | 40 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Spain | No | Varies, depending on sentence | 30 years (40 years in terrorism related cases) | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Republic of China (Taiwan) | Yes | 25 years 10~20 years before June 30, 2006 |
None | Yes, if committed third felony | Aggravated murder, Hard drug traffiking, etc. | Many violent crime cause death, etc. | Banned by Criminal Code | By President |
Turkey | Yes | 25 years or, in cases of terrorism, never | None | Yes | Murder,Human Trafficking, Drug Trafficking, Terrorsim, Military/Political Crimes | Rape, kidnapping, sodomy, aggravated robbery, aggravated carjacking | Life imprisonment may be imposed against juveniles in cases of murder,terrorism, and other serious crimes. | ?? |
UK: England and Wales | Yes | 15 – 40 years or never; individually set by judge | None | Yes | Murder | Rape, inflicting GBH with intent, wounding with intent, treason, aggravated burglary, Criminal Damage with intent to endanger life | No whole life tariff (under age of 21) | Compassionate release and pardon by minister of justice; amnesty by royal decree alone or with act of parliament (last amnesty in 1747). |
UK: Scotland | Yes | 15 – 35 years or never; individually set by judge | None | Yes | Murder | ?? | No whole life tariff | Compassionate release by Cabinet Secretary for Justice (Scottish Government); amnesty by royal decree alone or with act of parliament (last amnesty in 2009) |
UK: Northern Ireland | Yes | 15 – 35 years; individually set by judge | None | No[19][20] | Murder | ?? | ?? | General release through a referendum based agreement in 1998 (became applicable in 3 cases i, ii, iii) |
Ukraine | Yes | 25 years | ?? | No | Murder with aggravating circumstances | ?? | ?? | By President |
United States | Yes | 15–35 years, or never (depending on crime) | None | Yes | Varies by state | Varies by state | Life without parole is not allowed for offenders under 18 except in cases of murder [1] | By president or governor of a state (depending on jurisdiction) |
Uruguay | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Uzbekistan | Yes | 25 years[citation needed] | None | ?? | ?? | ?? | ?? | ?? |
Venezuela | No | Varies, depending on sentence | 30 years | No | No life imprisonment sentence | No life imprisonment sentence | ?? | No life imprisonment sentence |
Vietnam | Yes | Never | None | Yes (de jure) | ?? | ?? | ?? | Usually amnesty after 20–30 years [citation needed] |
See also
Notes
- ^ http://www.hrw.org/en/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole
- ^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States", 2008.
- ^ "http://www.scotusblog.com/case-files/cases/graham-v-florida/ Graham v. Florida",
- ^ art.81 chinese Criminal Code
- ^ Czech Criminal Code
- ^ http://nyhederne-dyn.tv2.dk/article/27931364/
- ^ http://www-rohan.sdsu.edu/faculty/rwinslow/europe/estonia.html
- ^ http://shaan.typepad.com/shaanou/2008/11/estonia-release.html
- ^ http://www.oikeus.fi/16073.htm
- ^ "Código Penal - Art. 1 a 100" (in Portuguese). Imprensa Oficial (Government Printing Bureau). 14 November 1995. Retrieved 17 February 2009.
- ^ 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))
- ^ http://connectafrica.wordpress.com/2008/11/19/6-nigerian-soldiers-bag-life-imprisonment
- ^ art. 112 Swiss Criminal Code
- ^ art. 185 Swiss Criminal Code
- ^ art. 264 Swiss Criminal Code
- ^ art. 266 Swiss Criminal Code
- ^ Template:Frart. 25 Juvenile Criminal Code
- ^ art. 173 al. 1 let. k Constitution of the Swiss Confederation
- ^ Belfast Telegraph Fury over ruling that could see Attracta’s killer freed Saturday, 28 June 2008
- ^ Neutral Citation No.[2008] NICA 27 http://www.courtsni.gov.uk/NR/rdonlyres/D4920842-6C93-4664-8B52-641C305CCF6A/0/j_j_KER7217Final.htm
External links