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Life imprisonment is any sentence of imprisonment for a crime under which convicted people are to remain in prison for the rest of their lives or indefinitely until pardoned, paroled, or otherwise commuted to a fixed term. Crimes for which, in some countries, a person could receive this sentence include murder, torture, terrorism, child abuse resulting in death, rape, espionage, treason, drug trafficking, drug possession, human trafficking, severe fraud and financial crimes, aggravated criminal damage, arson, kidnapping, burglary, and robbery, piracy, aircraft hijacking, and genocide, crimes against humanity, war crimes, severe cases of child pornography, or any three felonies in case of three-strikes law. Life imprisonment can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884.
A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is awarded only in the 'rarest of cases'.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other 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.
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.
Brandon Wade Hein was sentenced to life imprisonment without possibility of parole for his involvement in the 1995 stabbing murder of 16-year-old Jimmy Farris, the son of a Los Angeles Police Department officer. Hein and two other youths who were present when the murder took place, as well as the actual killer, and were convicted under the felony murder rule because the murder was committed during the course of a felony – the attempted robbery of marijuana kept for sale by Farris's friend, Michael McLoren. Under the felony murder rule, any participant in a felony is criminally responsible for any death that occurs during its commission. In 2009, Hein's life sentence was commuted to 29 years to life.
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.
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 Sweden is a term of imprisonment for an indeterminate length. It is the most severe punishment available in Sweden. Swedish law states that the longest punishment, other than life imprisonment, is a fixed prison term of 18 years. However, a prisoner convicted to life imprisonment may appeal a partially served life sentence to the District Court of Örebro for "fixing" the sentence. Upon success, the sentence is commuted to a fixed sentence of any number of years considered proportionate to the severity of the crime, after which standard Swedish parole regulations apply. Due to new legislation taking effect in January 2022, any offender aged 18 at the commission of the murder can be sentenced to life imprisonment. Previously, an age limit of 21 applied. Prior to 2006, all life sentences were issued without the possibility of parole, although executive clemency was widely issued to commute life sentences to fixed-time sentences in a similar way now exercised by the judiciary. This procedure is the only way a sentence longer than 18 years may be issued in Sweden.
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.
Life imprisonment in Russia was introduced on December 17, 1992, by the law 4123-I. Courts could not sentence criminals to life imprisonment at that time. Only those who had been sentenced to death penalty could have their sentences commuted to life imprisonment. When the new Criminal Code of Russia was adopted in 1996, life imprisonment became a separate punishment.
Life imprisonment in South Africa has an indeterminate length and may last for the remainder of the offender's life. It is a mandatory punishment for premeditated murder, gang rape, serial rape including rape where the rapist knew they were HIV positive or if the victim was under 16 and/or mentally disabled. In certain circumstances, robberies and hijackings also carry a mandatory life sentence.
Canadian criminal law is governed by the Criminal Code, which includes the principles and powers in relation to criminal sentencing in Canada.
By Italian law, murder is regulated by articles 575–580, 584–586, and 589 of the Codice Penale.
Under Dutch law, moord (murder) is the intentional and premeditated killing of another person. Murder is punishable by a maximum sentence of life imprisonment, which is the longest prison sentence the law will allow for. Unlike in most other European countries, there is no possibility for parole for those sentenced to life in the Netherlands. It is one of the few countries in Europe where life imprisonment actually lasts for the remainder of the life of the convicted person, unless the sentence is commuted or pardoned by the Sovereign of the Netherlands. However, this rarely happens and few appeals to the King for clemency have ever been successful.
Life imprisonment in Turkey is a legal form of punishment and the most severe form of punishment. In most cases life imprisonment replaced capital punishment. Law 4771 of 3 August 2002 abolished the death penalty for peace time and replaced capital punishment with life imprisonment for 17 provisions of the Turkish Penal Code. Law 5218 of 14 July 2004 abolished the death penalty completely. This law provided that in some 40 provisions of the Turkish Penal Code and other laws such as the Law on Forests the death penalty was replaced by aggravated life imprisonment.
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.
Death with reprieve is a criminal punishment found in the law of the People's Republic of China. According to the criminal law chapter 5, sections 48, 50 and 51, it gives the death row inmate a two-year suspended sentence of the execution. The convicted person will be executed if found to have committed further crimes during the two years following the sentence; otherwise, the sentence is automatically reduced to life imprisonment or a fixed-term imprisonment if the person is found to have performed deeds of merit during the two years.
References
- ↑ "Custodial sentences". Government of the Netherlands. Retrieved 8 February 2023.
- ↑ "ECLI:NL:PHR:2016:406". de Rechtspraak. Supreme Court of the Netherlands. Retrieved 8 February 2023.