Where life imprisonment is a possible sentence, there may also exist formal mechanisms for requesting parole after a certain period of prison time. 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. Being eligible for parole does not necessarily ensure that parole will be granted. In some countries, including Sweden, parole does not exist but a life sentence may – after a successful application – be commuted to a fixed-term sentence, after which the offender is released as if the sentence served was that originally imposed.
In many countries around the world, particularly in the Commonwealth, courts have the authority to pass prison terms that may amount to de facto life imprisonment.[2] For example, courts in South Africa have handed out at least two sentences that have exceeded a century, while in Tasmania, Australia, Martin Bryant, the perpetrator of the Port Arthur massacre in 1996, received 35 life sentences plus 1,035 years without parole. In the United States, James Holmes, perpetrator of the 2012 Aurora, Colorado shooting, received 12 consecutive life sentences plus 3,318 years without the possibility of parole.[3] In the case of mass murder at the US, Parkland mass murderer Nikolas Cruz was sentenced to 34 consecutive terms of life imprisonment (without parole) for murdering 17 people and injuring another 17 at a school.[4] Any sentence without parole effectively means a sentence cannot be suspended; the prisoner may, however, effectively be released following a pardon, either on appeal, retrial or humanitarian grounds, such as imminent death. In several countries where "de facto" life terms are used, this is commonplace, such as in the case of Abdelbaset al-Megrahi.
A few countries allow for a minor to be given a lifetime sentence with no provision for eventual release; these include but are not limited to: Antigua and Barbuda, Argentina (only over the age of 16),[5] 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 School of Law study, only the U.S. had minors serving such sentences in 2008.[6] In 2009, Human Rights Watch estimated that there were 2,589 youth offenders serving life sentences without the possibility for parole in the U.S.[7][8] Since the start of 2020, that number has fallen to 1,465.[9][10] The United States leads in life sentences (both adults and minors), at a rate of 50 people per 100,000 (1 out of 2,000) residents imprisoned for life.[11]
World view
Life imprisonment laws around the world:
Life imprisonment is a legal penalty
Life imprisonment is a legal penalty, but with certain restrictions
Life imprisonment is illegal
Unknown
By country
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).[13][14]
Europe
A number of European countries have abolished all forms of indefinite imprisonment, including Croatia, Bosnia and Herzegovina, which sets the maximum sentence at 45 years, and Portugal, which abolished all forms of life imprisonment with the prison reforms of Sampaio e Melo in 1884 and sets the maximum sentence at 25 years.[15][16]
Life imprisonment in Spain was abolished in 1928, but reinstated in 2015 and upheld by the Constitutional Court in 2021.[13][14][17]
In Sweden, although the law does not expressly provide for life without the possibility of release, some convicted persons may never be released, on the grounds that they are too dangerous. In Italy, persons that refuse to cooperate with authorities and are sentenced for mafia activities or terrorism are ineligible for parole and thus will spend the rest of their lives in prison. In Austria, life imprisonment will mean imprisonment for the remainder of the offender's life unless clemency is granted by the President of Austria or it can be assumed that the convicted person will not commit any further crimes; the probationary period is ten years.[21] In Malta, there is never any possibility of parole for any person sentenced to life imprisonment, and any form of release from a life sentence is only possible by clemency granted by the President of Malta.[needs update] In France, while the law does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for parole if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In Moldova, there is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as "deprivation of liberty of the convict for the entire rest of his/her life". Where mercy is granted in relation to a person serving life imprisonment, imprisonment thereof must not be less than 30 years. In Ukraine, life imprisonment means for the rest of one's life with the only possibilities for release being a terminal illness or a Presidential pardon.[22] In Albania, no person sentenced to life imprisonment is eligible for parole; this effectively means imprisonment for the natural life of the convicted person, unless the prisoner is found not likely to re-offend and has displayed good behavior, and the convicted person has served at least 25 years.
Before 2016 in the Netherlands, there is never a possibility of parole for any person sentenced to life imprisonment, and any form of release for life convicted in the country was only possible when granted royal decree by the King of the Netherlands, with the last granting of a pardon taking place in 1986 when a terminally ill convict was released. As of 1970, the Dutch monarch has pardoned a total of three convicts. Although there is no possibility of parole eligibility, since 2016 prisoners sentenced to life imprisonment in the Netherlands are eligible to have their cases reviewed after serving at least 25 years. This change in law was because the European Court of Human Rights stated in 2013 that a life long imprisonment without the chance of being released is inhuman, three years after that the Netherlands changed their laws on life imprisonment.[23]
Even in other European countries that do provide for life without parole, courts continue to retain judicial discretion to decide whether a sentence of life should include parole or not. In Albania, the decision of whether or not a life convicted person is eligible for parole is up to the prison complex after 25 years has been served, and release eligibility depends on the prospect of rehabilitation and how likely he or she is to re-offend. In Europe, only the Netherlands, Ukraine, Moldova and Malta explicitly preclude parole or any form of release for life sentences in all cases.
South America
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, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay and Ecuador. Brazil has a maximum sentence of 40 years under the Penal Code,[24] but life imprisonment and capital punishment are provided by law for military crimes committed during wartime (such as treason, desertion, and mutiny) in the Constitution.[citation needed]
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 person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in the Criminal Code, at 25 years. Parole ineligibility for second degree murder typically varies between 10 and 25 years, and is set by the sentencing judge.
A life sentence is the most severe punishment for any crime in Canada. Criminal laws are enacted by the Parliament of Canada and apply uniformly across the country.[25]
Mugshot of Burton Phillips, sentenced to life imprisonment for bank robbery, 1935
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.[27]
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",[27] 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".[27]
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,[27] 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 sentences of life in prison without parole for juvenile offenders are unconstitutional. The majority opinion stated that barring a judge from 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.[28][29]
In 2016 the Supreme Court ruled in the case of Montgomery v. Louisiana that the rulings imposed by Miller v. Alabama were to apply retroactively. In 2022, the Supreme Court ruled in Jones v. Mississippi that judges do not need to find a minor to be "permanently incorrigible" prior to handing them a sentence of life sentence without parole.
In Singapore, before 20 August 1997, the law decreed that life imprisonment is a fixed sentence of 20 years with the possibility of one-third reduction of the sentence (13 years and 4 months) for good behaviour. It was an appeal by Abdul Nasir bin Amer Hamsah on 20 August 1997 that led to the law in Singapore to change the definition of life imprisonment into a sentence that lasts the remainder of the prisoner's natural life, with the possibility of parole after at least 20 years. Abdul Nasir was a convicted robber and kidnapper who was, in two separate High Court trials, sentenced to 18 years' imprisonment and 18 strokes of the cane for robbery with hurt resulting in a female Japanese tourist's death at Oriental Hotel in 1994 and a consecutive sentence of life imprisonment with 12 strokes of the cane for kidnapping two police officers for ransom in 1996, which totalled up to 38 years' imprisonment and 30 strokes of the cane. His appeal for the two sentences to run concurrently led to the Court of Appeal of Singapore, which dismissed Abdul Nasir's appeal, to decide that it would be wrong to consider life imprisonment as a fixed jail term of 20 years and thus changed it to a jail term to be served for the rest of the prisoner's remaining lifespan.[31] The amended definition is applied to future crimes committed after 20 August 1997. Since Abdul Nasir committed the crime of kidnapping and was sentenced before 20 August 1997, his life sentence remained as a prison term of 20 years and thus he still had to serve 38 years behind bars.[32][33][34][35] The appeal of Abdul Nasir, titled "Abdul Nasir bin Amer Hamsah v Public Prosecutor [1997] SGCA 38",[31] was since regarded as a landmark in Singapore's legal history as it changed the definition of life imprisonment from "life" to "natural life" under the law.
Overview by jurisdiction
Jurisdiction (link to details)
Life imprisonment
Minimum to serve before eligibility for requesting parole
Maximum length of sentence (under life)
Indefinite sentence (excl. preventive or psychiatric detainment)
15 years (Imprisonment for a definite period) or never (Imprisonment for lifetime, when clemency is rejected by president)
None
Yes
Genocide
Murder, high level drug dealing, Nazi activism, production or distribution of chemical warfare agents to be used in armed conflict; abduction, robbery, rape and statutory rape if the crime causes the victim's death, sea and air piracy and arson if the crime causes the death of a large number of people
15 years (no previous conviction or below 3 years), 19 years (previous conviction below 5 years), or 23 years (previous conviction 5 years or more)[50]
25 years minimum for first-degree murder or high treason; 10 years minimum for second-degree murder (consecutive sentencing may extend parole ineligibility beyond 25 years in multiple murder cases). 7-25 years for any other offence where the maximum penalty is life imprisonment.[55][56]
None
Yes
High treason, first-degree murder, second-degree murder
Various crimes including attempted murder, aircraft hijacking, armed robbery, kidnapping, aggravated sexual assault, conspiracy to murder and most offenses resulting in death
14+: Yes, but only if juvenile is sentenced as adult[57]
13 years of the original sentence having been actually served.[60] Never in extremely serious corruption cases.[61]
13 for a single murder if it's the perpetrator's first offence. Between 15-20 for a single murder that is the perpetrator's second offence if he/she serves the sentence with good behaviour
Some cases of murder, public endangerment, treason, terrorism, genocide, crimes against humanity, use of forbidden combat device or forbidden combat tactics, war crimes, persecution of population, misuse of international symbols
Treason, espionage during wartime, use of force against the parliament, terrorism, arson under circumstances that are life-threatening, hijacking of vehicles, willful release of nuclear substances, murder
under 15: no imprisonment
15–17: 16 years under normal circumstances, 20 years if gang-related[66]
After 12 years entitled to request to minister of justice; granted by monarch
Some cases of murder, some cases of handling drugs, crimes against humanity, genocide, acts of war against civilians, terrorism, violence against the independence of Estonia, causing an explosion using nuclear energy[67]
Yes (for adults between 18 and 21 only if tried as adults)
Before 1977: never (except with presidential pardon). Ruled unconstitutional by Federal Constitutional Court
Since 1977: at judge's discretion, most commonly the minimum of 15 years, but there is sometimes never a possibility of release in exceptionally serious cases[71]
Aggravated murder,[73] genocide resulting in death,[74] crimes against humanity resulting in death,[75] war crimes against persons resulting in death[76]
Manslaughter, rape, aggravated sexual assault, committing a sexual act on a child less than 15 years of age, assault causing serious harm, syringe attacks, aggravated kidnapping, aggravated robbery, aggravated burglary, certain drugs offences, and other common law offences where the maximum penalty is life imprisonment[79]
Genocide, prohibited mistreatment of persons under international law, war crimes, crimes against humanity, prohibited military attack, attempted assassination of the president of Lithuania, attempted assassination of a governmental official or foreign official, murder with aggravated circumstances, murder of persons protected under international humanitarian law, terrorism resulting in death, piracy (hijacking of a civilian aircraft or civilian vessel) that results in death or otherwise has grave consequences to the safety of others
No (except in Chihuahua for murder involving kidnapping)
Varies, depending on sentence
24 years (74 years if convicted of murder involving kidnapping); in the state of Chihuahua, murder involving kidnapping provides for a mandatory life sentence
Murder, aggravated manslaughter, various crimes against the Dutch state, attacks on the monarch, crimes with a terrorist motive, and leading a terrorist organization in especially serious circumstances
under 12: no imprisonment
12–18: no life imprisonment
After 25 years served, the Advisory College for the Lifelong Incarcerated reviews whether a return into society is advisable, but only a pardon by royal decree from the monarch can rescind a life sentence.
Any minimum term from 25 to 50 years; individually set by the judge
25 years
No
None
Treason, assassination of Polish president, war of aggression, genocide, crimes against humanity, unlawful use of weapon of mass destruction, war crimes, murder, homicide and serious bodily harm resulting in death
under 15: no imprisonment
15-18: max. 25 years' imprisonment, but only if juvenile is tried as adult
Pardon by president
No (Abolished during peacetime in 1998 and under all circumstances in 2014.)
No; replaced by 25 years' imprisonment at age 60[89]
Genocide during wartime, inhumane treatment during wartime
Treason and other grave crimes against the state, extremely grave murder, capitulation, desertion on the battlefield, crimes against peace or humanity[90]
Under certain, aggravated conditions(usually causing death): crimes against humanity, drug trafficking, human trafficking, child trafficking, false imprisonment, hostage taking, kidnapping, robbery, extortion, domestic violence, kidnapping, public endangerment, air/sea piracy, treason, sabotage, espionage, assaulting a public official
Before 2006: Never (Unless pardoned by the government) After 2006: The offender can apply for conversion to fixed term sentence after 10 years. The fixed term shall be at least 18 years and under normal parole regulations two thirds are served before release (minimum 12 years served for a life prisoner).
None
Yes
None
Murder, kidnapping, arson, sabotage, dangerous destruction of property, hijacking, espionage, terror crimes, rebellion, endangering the public health by spread of contagion or poison, disloyalty when negotiating with foreign powers, trading in anti-personnel mines, cluster bombs or chemical or nuclear weapons, unlawful nuclear explosion, treason, genocide; in wartime only: mutiny, insubordination, undermining the will to fight, desertion, unauthorised capitulation, negligence of war preparations and negligence of battle duty; attempts, accessories, accomplices and incitements of all the above crimes might also be punished with life imprisonment.[102]
under 15: no penalty
15-17: max 14 years of imprisonment
18-20: max 14 years of imprisonment (until 1.1.2022, onwards the same rules as for other offenders are applied in cases of serious offences)
By the district court of Örebro (parole hearing). Or by the government (pardon).[103]
15 years or longer (maximum of whole life order), but individually set by judge. A whole life order means life without parole (e.g. natural life in prison until death). However, there is, at least in theory, a possibility of release of prisoners serving such sentences, as the Secretary of State for Justice has the power to release on licence any life sentence prisoner on compassionate grounds in exceptional circumstances.[110]
None
Imprisonment for public protection — abolished in 2012 but offenders already serving that sentence remained in prison. Persons under 18 years of age maybe sentenced to detention at His Majesty's Pleasure for an indeterminite period.
Murder and treason
Rape, armed robbery, kidnapping, false imprisonment, manslaughter, attempted murder, soliciting murder, threats to kill, wounding with intent to cause grievous bodily harm, malicious wounding, using chloroform etc., maliciously administering poison, abandoning children, other serious crimes and other common law offences where the maximum penalty is life imprisonment.[111]
No, however offenders under 18 can be sentenced to detention for an indeterminate period. Whole life orders cannot be given to offenders under 21.
Under 8: Presumed not capable of committing a criminal offence.
Under 18: Detention for an indeterminate period.[114]
Compassionate release by cabinet secretary for justice (Scottish government); amnesty by royal decree (by means of the royal prerogative of mercy) alone or with act of Parliament.
1 2 3 4 Drinan, C. H. (2012, March). "Graham on the Ground". Washington Law Review, 87(1), 51–91. Criminal Justice Abstracts. Retrieved 28 October 2012.
↑ Offences including Piracy; murder of a UN or associated person; explosives and lethal device offences; treason; assisting anyone known to have committed treason escape apprehension or punishment; knowing someone intends to commit a treason offence and not reporting it to the police or taking reasonable measure to prevent its commission; assisting enemy to engage in armed conflict; treachery; espionage; aggravated espionage offences; terrorism; planning or preparing for a terrorist act; financing terrorism; financing a terrorist; murder of an Australian citizen or resident; entering a foreign country with the intention of engaging in a hostile activity; engaging in a hostile activity in a foreign country, or engaging in conduct preparatory to, including providing or participating in training, accumulating weapons or giving or receiving goods and services to commit a foreign incursion offence; allowing the use of a building, aircraft or vessel intending to commit, support or promote a foreign incursion offence; burglary of a property owned by a Commonwealth entity with the intent to commit an offence that causes harm to a person or damage to property; genocide offences; crimes against humanity (murder and extermination); war crimes; trafficking or manufacturing a commercial quantity of controlled drugs; cultivating or selling commercial quantities of controlled plants; importing or exporting commercial quantities of controlled drugs or plants; importing commercial quantities of a controlled drug or plant; possessing commercial quantities of a controlled drug or plant reasonably believed to have been imported; supplying marketable quantities of controlled drugs to children for trafficking; procuring children for trafficking marketable quantities of controlled drugs; procuring children for pre-trafficking marketable quantities of controlled precursors; procuring children for importing or exporting marketable quantities of a controlled drug or plant or for importing or exporting marketable quantities of border controlled precursors (Criminal Code Act (Cth))
↑ NSW: Murder; aggravated sexual assault in company; sexual intercourse with a child under 10; persistent sexual abuse of a child (Crimes Act (NSW)). Drug offences involving commercial quantities or cultivation for a commercial purpose; offences involving manufacture or production in presence of children or procuring children to supply prohibited drugs (Drug Misuse and Trafficking Act (NSW)). Vic: Murder; trafficking in a drug of dependence (large commercial quantity) QLD: Demands with menaces upon agencies of government; riot, if the offender causes grievous bodily harm to a person, causes an explosive substance to explode or destroys or starts to destroy a building, vehicle or machinery; piracy; perjury, in order to procure the conviction of another person for a crime punishable with life imprisonment; conspiracy to bring a false accusation where the offence is such that the person convicted would be liable to life imprisonment; owner etc permitting carnal knowledge of a child under 12 on premises; carnal knowledge of a child under 12, or a child under 16 by a guardian of that non-lineal descendant child; or a child under 16 with an impairment of the mind; carnal knowledge or attempted carnal knowledge of a non-lineal descendant with an impairment of the mind by a guardian; taking a child under 12 for immoral purpose and doing carnal knowledge; incest; maintaining a sexual relationship by an adult with a child under 16; attempted murder; accessory after the fact to murder; manslaughter; aiding suicide; killing unborn child; unlawful striking causing death; disabling or stupefying in order to commit an indictable offence; acts intended to cause grievous bodily harm and other malicious acts; obstructing rescue or escape from unsafe premises; endangering the safety of a person in a vehicle with intent; rape; aggravated sexual assault; aggravated robbery; aggravated attempted robbery; extortion where carrying out threat causes or would be likely to cause serious personal injury or substantial economic loss in a commercial activity; taking control of an aircraft using violence, threats of violence, in company or by fraudulent means; burglary by breaking and other circumstances of aggravation; breaking and committing an indictable offence; arson; endangering the safe use of vehicles and transport infrastructure; destroying or damaging premises by explosion; destroying sea walls and other property; communicating infectious diseases to animals; attempting to commit an indictable offence punishable by mandatory life imprisonment; being an accessory to the fact after an indictable offence punishable by mandatory life imprisonment (Criminal Code (QLD)) WA: Attempt to unlawfully kill; criminal damage by fire (Criminal Code (WA)). Possessing, with intent to sell or supply, a trafficable quantity (>28g) of methylamphetamine; conspiring with another to, or attempting to, commit a methylamphetamine trafficking offence (Misuse of Drugs Act (WA)) SA: Manslaughter; aggravated causing death or causing serious harm by use of a vehicle or vessel; rape; unlawful sexual intercourse with a person under 14; property damage of building or motor vehicle by fire (arson) or explosives; aggravated robbery; aggravated serious criminal trespass of residential buildings; manufacture of a commercial quantity of a controlled drug for sale; sell, supply, or administer a controlled drug to a child or possession of a controlled drug intending to sell, supply or administer to a child; sell, supply, or administer a controlled drug to a person in a school zone, or possession of a controlled drug in a school zone intending to sell, supply or administer the drug to another person; trafficking a commercial quantity of a controlled drug; cultivating a commercial quantity of a controlled plant for sale (includes cannabis); sale of a commercial quantity of a controlled plant or possession with intention to sell (includes cannabis - prescribed amount - 100 plants; but in aggravated circumstances, 20 plants) Tas: Murder; treason; accessory after the fact guilty of treason ACT: Murder; trafficking in a controlled drug; manufacturing a controlled drug for selling; cultivating a controlled plant for selling; selling a controlled plant; supplying controlled drug to child for selling; procuring a child to traffic a controlled drug NT: Manslaughter; assisting or encouraging a suicide; killing an unborn child; disabling or stupefying in order to commit an indictable offence; acts intended to cause serious harm or prevent lawful apprehension; preventing escape from wreck; intentionally endangering safety of persons travelling by railway, roadway, aircraft or ship; sexual intercourse without consent; causing a child under 12 to enter into or continue in sexual servitude; operating a business that involves the sexual servitude of a child under 12; aggravated robbery (armed, in company or causing harm to any person immediately before or after or during the robbery); discharging a firearm while armed in the course of assault with intent to steal; unlawfully taking control of an aircraft with violence or threats, in company or while armed; sabotage; arson; endangering operation of an aircraft; conspiracy to lay false charges where the person found guilty would have been liable to life imprisonment; terrorism; perjury in order to procure the conviction of an offence punishable by life imprisonment; forcibly rescuing certain offenders; aggravated sexual relationship with a child (Criminal Code Act (NT)). Supply of a commercial quantity of a dangerous drug (Schedule 1 or 2) to a child; supply of a dangerous drug (Schedule 1) to a child; cultivation of a commercial quantity of a prohibited plant in the presence of a child; manufacture of a commercial quantity of a Schedule 1 dangerous drug; manufacture of a commercial or trafficable quantity of a Schedule 1 drug in the presence of a child; procuring a child under 14 to commit an offence under the Misuse of Drugs Act (Misuse of Drugs Act (NT))
↑ Brazil's Constitution prohibits the death penalty with a saving allowing the death penalty in wartime, if the state of war is duly declared by Congress (art. 5, item XLVII, subitem "a)"); the Constitution's next line (art. 5, item XLVII, subitem "b)"), prohibits life sentences. The clause prohibiting life imprisonment does not contain a saving similar to the death penalty clause, and thus life sentences are not allowed even in wartime. It is unclear, however, if the presidential power of mercy, that allows the president to pardon or commute a penal sentence, could be used to reduce a death penalty imposed in wartime, transforming it into a sentence of life imprisonment.
↑ Justice BC (11 September 2013). "Maximum Youth Sentences". Youth Criminal Justice Act. Archived from the original on 28 March 2014. Retrieved 17 April 2014.
↑ Criminal Code, R.S. 1985, c. C-46, s. 748, as amended by R.S., 1985, c. 1 (4th Supp.), s. 45(F)and R.S.C., 1992, c. 22, s. 12;and R.S.C., 1995, c. 22, s. 6. (Criminal Code at CanLii)
↑ Criminal Records Act, R.S. 1995, c. 22, s. 6(1), as amended by R.S., 1985, c. 1 (4th Supp.), s. 45(F)and R.S.C., 1992, c. 22, s. 4;and R.S.C., 2000, c. 1, s. 1(F)and R.S.C., 2010, c. 5, s. 2and R.S.C, 2012, c. 1, s. 115. (Criminal Records Act at CanLii)
↑ The court may decide that only the time in less-than-maximum security prison counts for the purposes of parole and that the convict must serve at least ten years in maximum security. A record of good behavior is needed for transfer to lower security in which 20 years must be served then.
↑ sec. 6(1) German Criminal Code on crimes against international law and war crimes Völkerstrafgesetzbuch
↑ sec. 7(1) German Criminal Code on crimes against international law and war crimes
↑ sec. 8(1) German Criminal Code on crimes against international law and war crimes
↑ A person between the ages of 18 and 21 can be tried before a juvenile court "Jugendgericht" (which happens in almost all cases concerning minors) or an adult court, which is determined by the intellectual development of the accused and the severity of the crime itself.
↑ "Código Penal – Art. 1 a 100" (in Portuguese). Imprensa Oficial (Government Printing Bureau). 14 November 1995. Archived from the original on 21 February 2009. Retrieved 17 February 2009.
↑ § 89 Criminal Code of Slovenia (Kazenski zakonik, KZ), temporarily pursuant as per § 375 of (the new) Criminal Code of Slovenia (Kazenski zakonik; KZ-1)
↑ This is subject to sentencing guidelines applicable to each offence and to limits on the sentences which can be applied in courts dealing with minor offences.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and 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.
In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including Denmark and parts of the United States have similar provisions of law.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
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 precise definitions of and punishments for aggravated sexual assault and aggravated rape vary from nation to nation and state to state within nations.
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 without 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.
Crime in New Zealand encompasses criminal law, crime statistics, the nature and characteristics of crime, sentencing, punishment, and public perceptions of crime. New Zealand criminal law has its origins in English criminal law, which was codified into statute by the New Zealand parliament in 1893. Although New Zealand remains a common law jurisdiction, all criminal offences and their penalties are codified in New Zealand statutes.
Life imprisonment is the most severe criminal sentence available to the State and Territory Supreme Courts in Australia. Most cases attracting the sentence are murder. It is also imposed, albeit rarely, for sexual assault, manufacturing and trafficking commercial quantities of illicit drugs, and offences against the justice system and government security.
In Germany, life imprisonment has an indeterminate length and is the most severe punishment that can be imposed. A person sentenced to life imprisonment may normally apply for parole after having served 15 years. If the parole court rejects the application, the inmate may reapply after a court determined blocking period no longer than two years. If the court has determined a "severe gravity of guilt" exists, parole is delayed for a non-specific period beyond 15 years.
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.
Life imprisonment has been the most severe criminal sentence in New Zealand since the death penalty was abolished in 1989, having not been used since 1957.
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary manslaughter and involuntary manslaughter which are not as serious, followed by reckless homicide and negligent homicide which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Life imprisonment is one of the five principal punishments stipulated in Article 33 of the Criminal Law of the People's Republic of China. In the Criminal Law, there are 87 penalties for life imprisonment.
In the United States, a seven-deadly-sins law for juvenile offenders is a law intended to address the increasing rates of violent crime among youth. The law has taken many forms in different state legislatures in the United States, however the "seven deadly sins" aspect always refers to the jurisdiction of the superior court over the trial of any juvenile 13–17 years old who allegedly committed murder, rape, armed robbery with firearm, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or voluntary manslaughter. In the mid 1990s, numerous US states enacted seven-deadly-sins laws to combat so-called teen "superpredators," a predicted wave of remorseless teenaged criminals. However, this prediction did not come to fruition.
Rape laws vary across the United States jurisdictions. However, rape is federally defined for statistical purposes as:
Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
R v De Simoni is a decision of the High Court of Australia.
Life imprisonment is a legal penalty in Singapore. This sentence is applicable for more than forty offences under Singapore law, such as culpable homicide not amounting to murder, attempted murder, kidnapping by ransom, criminal breach of trust by a public servant, voluntarily causing grievous hurt with dangerous weapons, and trafficking of firearms, in addition to caning or a fine for certain offences that warrant life imprisonment.
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