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LIFE IMPRISONMENT
'Life imprisonment' is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 50 years) a prisoner may be incarcerated, or require the possibility of parole after a set amount of time.
In jurisdictions without capital punishment, life imprisonment (especially without the possibility of parole) constitutes the most severe form of criminal punishment.
Children and teenagers under 18
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 some — South Africa, Tanzania, and the United States — actually have minors serving such sentences, according to a 2005 joint study by Human Rights Watch and Amnesty International. Although South Africa does allow life imprisonment for children below 18 years of age, it is not without the possibility of release. In terms of parole laws, a person sentenced to life will be eligible for parole after serving 25 years. 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. Only 12 other juveniles have such sentences in the rest of the world.[1][2]
Interpretation in Europe
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 re-offend. This is subject to the discretion of a criminal court panel, and possible appeal to the high court. Alternatively, the President may grant a pardon upon motion of the Minister of Justice. Prisoners who committed a crime when below the age of 21 can be sentenced to a maximum of 20 years imprisonment.
Belgium
A life sentence is automatically changed into 30 years imprisonment. After a third of that sentence has been served, the prisoner can apply for parole.
Bosnia and Herzegovina
Before Bosnia and Herzegovina became independent in 1992, the maximum time a prisoner was to spend in jail was 20 years. The "life term" has been bumped up to 40 years since independence, however, no prisoner serves more than 10 to 20 years; most of them are pardoned for good behavior as violence in Bosnian jails is almost non-existent. Lesser penalties are given to offenders under the age of 18.
Denmark
A life sentence theoretically means until death and the prisoner is not eligible for parole, however he is entitled to a pardoning hearing after 12 years and upon motion of the minister of justice, the Danish King or Queen may grant a pardon, subject to a 5-year probationary period. Prisoners sentenced to life imprisonment serve an average of 16 years, more for cases considered to be particularly grave. The only example in modern times of an individual serving significantly more than 16 years in prison is Palle Sørensen, who served 33 years for a quadruple police murder. Criminals considered dangerous can be sentenced to ''indefinite detention'', and such prisoners are kept in prison until they are no longer considered dangerous (normally used for mentally ill criminals)). On average they serve 9 years before being released and then they will remain on probation for 5 years. However prisoners eligible for a life sentence are usually not given indefinite detention, as it is considered a lesser sentence than life.
Estonia
Life imprisonment means imprisonment until death. It is theoretically possible that the president may grant clemency, allowing possibility of parole; however, it has never happened.
Finland
Historically, the President of Finland has been the only person with the power to grant parole to the convicts imprisoned for life (see presidential pardon). Starting on October 1, 2006, this power has also been given to Helsinki Court of Appeal (Helsingin hovioikeus), and is effectively transferred there. After a life prisoner has been serving his or her sentence for 12 years, he/she will be considered for parole. If the parole is rejected, a new parole hearing is scheduled in 2 years. If the parole is accepted, 3 years of supervised parole follows until full parole, assuming no violations. If the convict was less than 21 years of age when they committed the crime, the first parole hearing is after 10 years served. Life imprisonment cannot be sentenced for a crime that has been committed while the offender was under 18 years of age.
Germany
The minimum time to be served for a sentence of life imprisonment (''Lebenslängliche Freiheitsstrafe'') is 15 years, after which the prisoner can apply for parole. The average time a person serving a life sentence has to remain in prison also may depend on the state in which the person is serving the sentence. In the more conservative southern states, such as Bavaria or Baden-Württemberg, the time is significantly longer than in the northern German states. Around 20% of all people serving life imprisonment stay in prison until their natural death.
The German Constitutional Court has found life imprisonment without the mere possibility of parole to be antithetical to human dignity. That does not mean that every convict has to be released, but that every convict must have a realistic chance for eventual release, provided that he is not considered dangerous any more. Displays of contrition or appeals for mercy must not be made a condition for such a release. There is considerable popular opposition to the application of this ruling in the case of Red Army Faction terrorists.
In cases where the convict is found to pose a clear and present danger to society, the sentence may include a provision for "preventive detention" (German: ''Sicherungsverwahrung'') after the actual sentence. This is not considered a punishment but a protection of the public; elements of prison discipline that are not directly security-related will be relaxed for those in preventive detention. 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, and is used only in exceptional cases. Since 2006, it is possible for preventive detention to be ordered by a court after the original sentencing, if the dangerousness of a criminal becomes obvious only during his imprisonment.
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.
Ireland
A life sentence in Ireland lasts for life. However, not all of the life sentence is generally served in prison custody. The granting of temporary or early release of life sentenced prisoners is a feature of the Irish prison system handled by the Minister for Justice, Equality and Law Reform.
In deciding on the release from prison of a life sentenced prisoner, the Minister will always consider the advice and recommendations of the Parole Board of Ireland. The Board, at present, initially reviews prisoners sentenced to life imprisonment after seven years have been served. Prisoners serving very long sentences, including life sentences, are normally reviewed on a number of occasions over a number of years before any substantial concessions would be recommended by the Board. The final decision as to whether a life sentenced prisoner is released rests solely with the Minister. The length of time spent in custody by offenders serving life sentences can vary substantially. Of those prisoners serving life sentences who have been released, the average sentence served in prison is approximately twelve years. However, this is only an average and there are prisoners serving life sentences in Ireland who have spent in excess of thirty years in custody.
Italy
Life imprisonment (''ergastolo'' in Italian) has an indeterminate length. After 10 years (8 in case of good behavior) the prisoner may be conceded permission for day work outside the prison during the day or to have the permission to spend up to 45 days a year at home. After 26 (or 21 in case of good behavior) years, she or he may be paroled. The admission to work outside the jail or to be paroled needs to be approved by a special court (Tribunale di Sorveglianza) which determines whether or not an inmate is suitable for parole. Prisoners sentenced for associations with either mafia activities or terrorism that do not cooperate with law enforcement agencies are not eligible for parole. Under any circumstance, however, the admission to parole in Italy libertà condizionata is not easy. An inmate that has received more than one life sentence has to spend a period from 6 months to 3 years in solitary confinement. In 1994, the Constitutional Court ruled that giving a life sentence to a person under the age of 18 was cruel and unusual.
Netherlands
Since 1878, after the abolition of the death penalty in the Netherlands, life imprisonment has almost always meant exactly that: the prisoner will serve their term in prison until they die. The Netherlands is one of the few countries in Europe where this is the case. Though the prisoner can appeal for parole, it must be granted by Royal Decree. An appeal for parole is almost never successful; since the 1940s, only two people have successfully filed a request for clemency, both being terminally ill. Since 1945, 34 criminals have been sentenced to life imprisonment (excluding war criminals).
Norway
The maximum sentence that can be given is 21 years. It is common to serve two-thirds of this and only a small percentage serve more than 14 years. The prisoner will typically get unsupervised parole for weekends etc after serving 1/3 of the punishment, or 7 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.
Poland
The prisoner sentenced to life imprisonment must serve at least 25 years in order to be eligible for parole. During sentencing, the court may choose to set a higher minimum term than 25 years. Even so, since the introduction of life imprisonment in 1997, the minimum term was never higher than 40 years.
Portugal
Life imprisonment is limited to a maximum of 25 years, but the vast majority of long-term sentences never exceed 20 years served.
Russia
After 25 years, a criminal sentenced to life imprisonment may apply to a court for "conditional early relief" (''условно-досрочное освобождение'') if she or he has no serious violations of prison rules in the last 3 years, and did not commit any serious crime during imprisonment. Parole, if granted, may carry restrictions, such as that the subject may not change residence, visit certain locations, and so forth. If the criminal commits a new offense, the court may retract the parole. If the application for parole is declined, a new application can be filed 3 years later.
Spain
The maximum imprisonment term is 30 years. Though a criminal may be condemned for much longer periods of time (such as 1000 years), the term for every charge is served simultaneously. Thus, the maximum time one can spend in jail is equal to the maximum 30. However, these things only happen in case of 'terrorism' (Significantly the Basque one). The ETA member Jose Mari Sagarudi is currently the person who has spent most years in prison in the whole of Spain (he has been in prison since 1980).
Sweden
Life imprisonment is a sentence of indeterminate length. Swedish law states that the most severe punishment is "prison for ten years or life", and so life imprisonment is in practice never shorter than ten years. However, a prisoner may apply to the government for clemency, in practice having his life sentence commuted to a determined sentence (ie a set number of years) which then follows common Swedish parole regulations. Clemency can also be granted on humanitarian grounds. The number of granted clemencies per year has been low since 1991, usually no more than one or two. Until 1991 few served more than 15 years, but since then the time spent in prison has increased and today (2007) the usual time is at least 20-22 years.
Increased criticism from prison authorities, prisoners and victims led to a revision of practices and in 2006 a new law was passed that also gave a prisoner the right to apply for a determined sentence at the Örebro Lower Court. A prisoner has to serve a minimum of 10 years before applying and the determined sentence can not be under 18 years, the maximum sentence allowed under Swedish law. When granting a determined sentence the court takes into account the crime, the prisoner's behaviour in prison, public safety and the chance of rehabilitation. However, some prisoners may never be released, being considered too dangerous.
The person currently having served for the longest time is Leif Axmyr, who in 1982 killed the minister of commerce's stepson and his fiancée. He has spent almost 25 years in prison. At the time of writing (2007) there are about 160 people, including four women, serving life sentences in Swedish prisons. Most are convicted of murder or conspiracy to commit murder.
Turkey
Life imprisonment generally carries an option for parole, though the time varies depending on the sentence. For crimes prosecuted under anti-terrorism laws, however, there exists "strict life imprisonment", which essentially amounts to life imprisonment without parole: the prisoner serves their term until their death.
United Kingdom
A life sentence is a prison term of indeterminate length and in some exceptionally grave cases, a recommendation can be made that a life sentence should mean life. Formerly, the Home Secretary reserved the right to set the "tariff", or minimum length of term, for prisoners sentenced to life imprisonment, but politicians were stripped of this power in November 2002 after a successful challenge by convicted double murderer Anthony Anderson. Anderson had been sentenced to life imprisonment in 1988 with a recommended minimum term of 15 years, but the Home Secretary later informed him that he would have to serve at least 20 years.
Since then, judges have been obliged to recommend a minimum term and only the Court of Appeal or the House of Lords Judicial Committee can make any amendments to the sentence. Though politicians can no longer decide how long a life sentence prisoner spends behind bars, the Attorney General still has the power to petition the Court of Appeal in a bid to increase any prison terms which are seen as unduly lenient.
The Criminal Justice Act of 2003 set out guidelines for how long murderers should spend in prison before being considered for parole. This legislation highlighted the recommendation that multiple murderers (the murder of two or more people) whose crimes involved sexual abuse, pre-planning, abduction or terrorism should never be released from prison (a whole life tariff), while other multiple murders (two or more) should carry a recommended minimum of 30 years. A 30-year minimum should also apply to the worst single murders, including those with sexual or racial motives, the use of a firearm as well as the murder of police officers. Most other murders should be subject to a 15-year minimum. Inevitably, there have been numerous departures from these guidelines since they were first put into practice. For example, the judge who sentenced police killer David Bieber recommended that he should never be released from prison, whereas government guidelines recommended a 30-year minimum for such crimes. He is currently awaiting the outcome of an appeal to get his sentence reduced. And in the case of Mark Goldstraw, who killed four people in an arson attack on a house in Staffordshire, the trial judge set a recommended minimum of 35 years - as the crime included planning, it might have been expected to come under a category of killings which merited a Whole Life Tariff.
The average sentence is about 15 years before the first parole hearing, although those convicted of exceptionally grave crimes remain behind bars for considerably 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, although the number of Whole Life Tariffs has risen significantly in recent years. Reggie Kray was serving a whole life sentence 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. They are subject to lifelong recall to prison should they breach their parole conditions.
European Court of Human Rights review on lifelong imprisonment
In February 2007, the European Court of Human Rights announced a review on whole life sentences on the grounds that such sentences amount to a violation of human rights. The review has yet to be completed. The Court of Appeal (UK) is awaiting the outcome of this review before it rules on the legality of life-long imprisonment in David Bieber's appeal.
Interpretation in North America
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 the 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. Life sentencing all started from capital punishment in the 1800s.
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. 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]
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.
Determinate and Indeterminate Life Sentence
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.
Three Strikes Law
Under some "three-strikes laws", a broad range of crimes, ranging from petty theft to murder, can serve the triggering crime for a mandatory or discretionary life sentence in the United States. Notably, the U.S. Supreme Court on several occasions has upheld lengthy sentences for petty theft including life with the possibility of parole and 50 years to life, stating that neither sentence conflicted with the ban on "cruel and unusual punishment" in the Eighth Amendment to the United States Constitution.[4]
Interpretation in Asia/Pacific
Australia
For serious crimes, the State Supreme Courts may sentence criminals to a life sentence, usually with a minimum term before parole is available. This is dependent on the individual states and territories. NSW follows the definition of 'life means life'[5] - so the maximum sentence is life without parole in NSW. In Victoria a person can be given a life sentence with or without parole. A LWOP sentence was introduced to Victoria as a result of the Peter Dupas case. Currently nine people are serving life without parole in Victoria. Hoddle St killer Julian Knight is serving life with a minimum of 27 years as Victoria had no LWOP sentence when he was sentenced and also the fact he was 19 at the time. Notorious prisoners such as Ivan Milat (New South Wales) and Martin Bryant (Tasmania) are currently serving LWOP. The federal government only pursues cases involving life terms where the states cannot do so.
India
In India life imprisonment [umar quaid] used to be widely understood as one lasting 14 – 20 years. [6] However recent rulings by the Indian Supreme Court, on a case against the state of West Bengal who held a life convict for a period of 21 years in prison, reaffirmed that life imprisonment should be treated as imprisonment of the convict for the remainder of his natural life.
[7][6]
Indonesia
At least 5 years imprisonment, although it generally ranges from 10 to 20 years.
Japan
A life sentence (''muki choueki'') is the most severe punishment available, second only to the death penalty. Consisting of life sentence with the option of parole, a prisoner given a life sentence must spend at least 10 years in prison before they may have a chance at parole. But over the years the time spent in prison has become longer, and in 2005 was about 27 years. In addition, all prisoners have served at least 20 years.[9][10]
According to the survey by Center for Prisoners' Rights in Japan, in 2000 there were 2 prisoners who had served over 50 years without parole.[11]Though Japan has the death penalty, incarceration in Japan is typically short. Even serious assault and rape convictions might result in a suspended sentence if it is the first offense. Similarly, even second-degree murder might be given only 5 – 7 years, usually paroled in 3 – 5 years if there was no previous conviction. The rate of re-offending for most released prisoners is low, and the popularity of the death sentence is generally attributed to retribution. Those who are against the death penalty are calling for alternative longer sentences, with more than 10 years before being able to get parole, or ''shushin kei'' (an actual life sentence with no possibility of parole). Most Japanese tend to recognize that "life sentence" indicates only "life sentence with no possibility of parole" so that many mistakenly believe that "muki-choeki" is not equivalent to "life sentence" and Japanese punitive law does not allow "life sentence" as other developed countries' do. Although "muki-choeki" in Japanese is often interpreted as "indefinite sentence", "muki-choeki" has legally the same meaning as "life sentence". The reasons why it is often wrongly interpreted are following.
As a strange exception, upon the death of the emperor a life sentence is often reduced.
Malaysia
There are two types of life imprisonment in Malaysia – "imprisonment for life" and "imprisonment for natural life". Imprisonment for life means imprisonment for 20 years with allowance for a one-third deduction for good behaviour. Imprisonment for natural life means imprisonment until death. In respect of a child guilty of a capital offence, a provision in the Child Act 2001 allows a child to be "detained at the pleasure of the [King]". This contained no specific indication for the length of time the child is to be detained. Thus, in 2007, the second highest court in the country ruled that such provision in the Act was unconstitutional.[12]
New Zealand
A life sentence is an indeterminate sentence given automatically for murder and treason, and is the maximum sentence for manslaughter and Class A drug-dealing. In reality it is unheard of for a prisoner to die of old age in prison, as 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 still 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 offenders 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 New Zealand law is no longer automatic, and it is theoretically possible for defendants sentenced to life or to preventive detention to remain in prison for the rest of their natural life, though it remains rare.
Vietnam
Life imprisonment means, in principle, that the prisoner will spend the rest of their life in prison. However, after 20 to 30 years, they may be granted amnesty.
Notes
1. "The Rest of Their Lives: Life without Parole for Child Offenders in the United States", 2005. ISBN 1-56432-335-8. 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))
4. See ''Rummel v. Estelle'', (upholding life sentence for fraudulent use of a credit card to obtain worth of goods or services, passing a forged check in the amount of .36, and obtaining 0.75 by false pretenses) and ''Lockyer v. Andrade'', (upholding sentence of 50 years to life for stealing videotapes on two separate occasions after three prior offenses).
5. http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s19.html
6. http://www.expressindia.com/fullstory.php?newsid=54882
7. http://www.hindu.com/op/2005/10/09/stories/2005100901211400.htm
8. http://www.expressindia.com/fullstory.php?newsid=54882
9. http://www.geocities.jp/y_20_06/japanese_life-sentence00.html
10. http://www.geocities.jp/y_20_06/mukikei-1990.html
11. http://www.geocities.jp/y_20_06/mukikei-over40.html
12. "Court: No choice but to free teen", ''The Star'', July 26, 2007.
External links
★ Life imprisonment in Australia
★ Life imprisonment in Canada
★ International perspectives on life imprisonment
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