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Parole is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Capital punishment is a legal penalty in the U.S. state of Texas for murder, and participation in a felony resulting in death if committed by an individual who has attained or is over the age of 18.
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for early release after a minimum term set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the Home Secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed.
The United States Penitentiary, Lewisburg is a medium-security United States federal prison in Pennsylvania for male inmates. It is operated by the Federal Bureau of Prisons, a division of the United States Department of Justice. An adjacent satellite prison camp houses minimum-security male offenders.
Troy Michael Kell is an inmate on death row in Utah. Kell was sentenced to life in prison by the State of Nevada for the 1986 murder of James "Cotton" Kelly. He was transferred to the Utah State Prison as part of a prisoner exchange program shortly after his conviction and on July 6, 1994, Kell attacked and killed inmate Lonnie Blackmon at the Utah Department of Corrections Gunnison facility. Kell stabbed Blackmon a total of 67 times while his associate, Eric Daniels, held Blackmon down. Kell was sentenced to death by firing squad for the murder.
Chester "Chet" Arthur Stiles is an American criminal who gained notoriety after he appeared in video clips of himself raping and sexually abusing a girl who was three years old at the time. The video was made in 2003 but was discovered under a fallen sign in 2007 in Pahrump, Nevada. Both the FBI and the Las Vegas Police launched a nationwide manhunt which led to his capture. Police released the video to the media, and the child's mother recognized her daughter; Stiles was living with them at the time the video was recorded. He was caught in Henderson, Nevada, and appeared in court on October 17, 2007. Further investigation showed Stiles had abused another young girl while living with her family.
In the United States, life imprisonment is amongst the most severe punishments provided by law, depending on the state, and second only to the death penalty. According to a 2013 study, 1 of every 20,000 inhabitants of the U.S. were imprisoned for life as of 2012. Many U.S. states can release a convict on parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years. The laws in the United States categorize life sentences as "determinate life sentences" or "indeterminate life sentences," the latter indicating the possibility of an abridged sentence, usually through the process of parole. For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences", while a sentence of "life without the possibility of parole" or "life with no mercy" is called a "determinate life sentence". The potential for parole is not assured but discretionary, making it an indeterminate sentence. Even if a sentence explicitly denies the possibility of parole, government officials may have the power to grant an amnesty to reprieve, or to commute a sentence to time served.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life.
John Berne Hannum was a United States district judge of the United States District Court for the Eastern District of Pennsylvania.
Life imprisonment in Canada is a criminal sentence for certain offences that lasts for the offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations.
A rehabilitation policy within criminology, is one intending to reform criminals rather than punish them and/or segregate them from the greater community.
In England and Wales, the imprisonment for public protection sentence was a form of indeterminate sentence introduced by section 225 of the Criminal Justice Act 2003 by the Home Secretary, David Blunkett, and abolished in 2012. It was intended to protect the public against criminals whose crimes were not serious enough to merit a normal life sentence but who were regarded as too dangerous to be released when the term of their original sentence had expired. It is composed of a punitive "tariff" intended to be proportionate to the gravity of the crime committed, and an indeterminate period which commences after the expiration of the tariff and lasts until the Parole Board judges the prisoner no longer poses a risk to the public and is fit to be released. The equivalent for under-18s was called detention for public protection, introduced by s. 226 of the 2003 Act. The sentences came into effect on 4 April 2005.
Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.
The New Zealand Parole Board is an independent statutory body established in 2002 that considers offenders for parole. Its task "is to undertake an assessment of the risk that long-term sentenced offenders might pose to the safety of the community if they were to be released before the end of their sentence". The Board also sets conditions of release for offenders so their reintegration back in to the community can be effectively managed. Once the conditions are set it becomes the responsibility of Community Corrections to manage the offender." 'Long term' is defined as more than 24 months. Short-term prisoners are automatically released after serving half their sentence.
Rivers Correctional Institution is a privately owned prison in unincorporated Hertford County, North Carolina, operated by GEO Group under contract with the Federal Bureau of Prisons since its construction in 2001. The prison, on 257 acres (104 ha) of land, was specially built to house prisoners from the District of Columbia. It is about 1 mile (1.6 km) from the town of Winton and about 200 miles (320 km) from Washington, DC.
Joseph Ligon is an American convicted murderer and former prisoner. He was America's longest-serving prisoner who was convicted to a life sentence as a minor. At 15, he was found guilty of murder by association and sentenced to life in prison without the possibility of parole. After the US Supreme Court had ruled in 2016 that all juvenile life sentences without parole were retroactively unconstitutional, he was released in 2021, having spent 68 years in jail.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000; meaning that the United States no longer has the highest incarceration rate in the world.
References
- 1 2 3 4 "George Martorano, prisoner of the drug war." The November Coalition. July 11, 2007. Accessed on January 19, 2012.
- 1 2 3 4 5 6 "United States of America v. Martorano." Justia: US Law. Accessed on January 19, 2012.
- ↑ "George Martorano." Archived August 9, 2011, at the Wayback Machine Black, Srebnick, Kornspan & Stumpf. Accessed on January 19, 2012.
- ↑ Wood, Sam (February 16, 2019). "This Philly hustler, once called a 'drug kingpin' and spent 30 years in prison, now owns a CBD cafe". The Inquirer. Philadelphia. Retrieved June 9, 2019.
- ↑ "George Martorano Released From Prison After 31 Years for Drugs". October 23, 2015.