Life imprisonment

Life imprisonment is a term used for a particular kind of sentence of imprisonment. The effect of such a sentence varies between jurisdictions; many countries 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.

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.^[1][2]

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 committing 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 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 imprisonement (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. 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 excluded 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 reality, 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 in which state the person in 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 includes a provision for "preventive detention" (in German: Sicherungsverwahrung) after the actual sentence. This 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 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 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 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 the killing of a child, terrorist killings and serial killings. For such crimes the prisoner will never be eligible for parole. The second catagory, specifying a life sentence with a minimum of 30 years before becoming eligible for parole includes killings 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 though that number is rising following the CJA 2003. 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.

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 grevious offenses.

• 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.

• 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 extradite them. 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.^[3]

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.

Notes

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

External links

• Life imprisonment in Australia
• Life imprisonment in Canada