Life imprisonment

Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial · Speedy trial
Jury trial · Counsel
Presumption of innocence
Exclusionary rule1
Self-incrimination
Double jeopardy2
Verdict
Conviction · Acquittal
Not proven3
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Sentencing
Mandatory · Suspended
Custodial
Dangerous offender4, 5
Capital punishment
Execution warrant
Cruel and unusual punishment
Life · Indefinite
Post-sentencing
Parole · Probation
Tariff6 · Life licence6
Miscarriage of justice
Exoneration · Pardon
Sexually violent predator legislation1
Related areas of law
Criminal defenses
Criminal law · Evidence
Civil procedure
Portals
Law · Criminal justice
1 US courts.
2 Not in English/Welsh courts.
3 Scottish courts.
4 English/Welsh courts.
5 Canadian courts.
6 UK courts.

Life imprisonment (also known as a life sentence, lifelong incarceration or life incarceration) is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life. Examples of crimes for which a person could receive this sentence include murder, severe child abuse, rape, high treason, severe or violent cases of drug dealing or human trafficking, or aggravated cases of burglary or robbery resulting in death or grievous bodily harm.

This sentence does not exist in all countries. Portugal was the first country in the world to abolish life imprisonment by the Prison reforms of Sampaio e Melo, in 1884. However, where life imprisonment is a possible sentence, there may also be formal mechanisms to request parole after a certain period of imprisonment. This means that a convict could be entitled to spend the rest of the sentence (that is, until he or she dies) outside of prison. Early release is usually conditional depending on past and future conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life imprisonment, a convict who has served the given prison sentence is free upon release.

The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some places convicts are entitled to apply for parole relatively early, in others only after several decades. However, the time of legally being entitled to apply for parole does not often tell anything about the actual date of being granted parole. Article 110 of the Rome Statute of the International Criminal Court stipulates that for the gravest forms of crimes (e.g., war crimes, crimes against humanity and genocide), a prisoner ought to serve two thirds of a fixed sentence, or 25 years in the case of life imprisonment. The highest determined prison sentence that can be imposed in the ICC is 35 years in prison, other than life imprisonment. After this period, the court shall then review the sentence to determine whether it should be reduced.

Unlike other areas of criminal law, sentences handed to minors do not differ from those given to legal adults. A few countries worldwide had allowed for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without the possibility of parole for juveniles include Antigua and Barbuda, Argentina, Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and the United States. Of these, only the United States currently has minors serving such sentences.[1] As of 2009, Human Rights Watch had calculated that there were 2,589[2][3] youth offenders serving life without parole in the United States.[4]

In 2010, the United States Supreme court ruled that sentencing minors to life without parole for crimes other than first-degree murder violated the 8th Amendment's ban on "cruel and unusual" punishment, in the case of Graham v. Florida.[5]

Contents

World view

Reform or abolition

In a number of countries, life imprisonment has been effectively abolished. The majority of 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 the current constitutional law of these countries. The most populous nation-state to abolish all forms of life imprisonment is Brazil; Article 84, paragraph 19 of the Brazilian Constitution sets a mandatory cap on prison terms at 30 years (on the other hand, this same article allows for capital punishment in cases of treason, defection, mutiny and genocide during wartime).

A number of European countries have abolished all forms of indefinite imprisonment, including Serbia, Croatia, Spain and Bosnia and Herzegovina which set the maximum sentence at 40 years and Portugal which sets the maximum sentence at 25 years; Norway has abolished life imprisonment, but retains other forms of indefinite imprisonment. The only country in Asia to have abolished all forms of indefinite imprisonment is Nepal; the Chinese dependency (Special Administrative Region) and former Portuguese colony of Macau also maintains a mandatory cap on prison sentences, having inherited the law from Portuguese rule. One African country, the Republic of the Congo, is known to have instituted a 30 years mandatory cap on prison sentence terms.

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 in Honduras is 40 years, 50 years in Costa Rica, 60 years in Colombia, 30 years in Nicaragua, El Salvador, Bolivia, Uruguay, and Venezuela, and 25 years in Ecuador.

In the United States, a 2009 report by the Sentencing Project suggested that life imprisonment without parole should be abolished, a suggestion that was met with opposition from law enforcement officials.[6]

Overview by jurisdiction

Summary by country

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) Mandatory sentence Possible other sentence Under age of 18 (or 21) Pardon, amnesty, other release
Afghanistan Yes 25 years or never None Yes Murder, rape, robbery, sodomy Treason, drug trafficking Yes By President
Albania Yes 25 years None  ?? Murder with aggravating factor Terrorism, war crimes Maximum 20 years for those under 18 Only in extraordinary circumstances may the convicted serving life imprisonment be released on parole
Argentina Yes 20 years, or never None Yes Murder with aggravating circumstances; murder of a relative; murder of and/or by a police officer; treason Serial rape  ?? By president or governor of a state (depending on jurisdiction)
Austria[7] Yes 15 years None No Genocide Murder, leadership of a drug dealer gang, 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 Maximum 20 years Pardon by president
Australia Yes 10 years, 20 years, 25 years, or never; individually set by judge None Yes Murder of police officer or other public official, murder in South Australia, Queensland, Northern Territory, aircraft hijacking. Treason, terrorism, drug trafficking, rape, serious child sex offences Must have minimum term set (under 18) Compassionate release by Governor of state/Administrator of territory, or Governor-General
Azerbaijan Yes Never; usually pardon by President after 20–30 years None No Murder, terrorism, war crimes, genocide Drug trafficking, human trafficking, robbery, rape Yes By President
Belarus Yes 25 years None  ??  ??  ?? Maximum 15 years  ??
Belgium Yes 10 years, or never None  ??  ??  ??  ??  ??
Belize Yes Never  ??  ??  ??  ??  ??  ??
Bolivia No (Except in Wartime) Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Bosnia and Herzegovina No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Brazil No (Except in Wartime) Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Bulgaria[8] Yes 20 years or never (depending on crime) None Yes None Aggravated murder, aggravated kidnapping, aggravated robbery, treason, espionage, war crimes, genocide, desertion in wartime Maximum 12 years By President
Canada Yes 7–25 years None Yes High treason, murder, crimes against humanity Drug trafficking, aggravated sexual assault, manslaughter, kidnapping, rioting, robbery, terrorism, war crimes Yes, when tried as an adult Compassionate release and pardon by minister of justice
Cape Verde No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Colombia No Varies, depending on sentence 60 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Costa Rica No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Chile Yes 20 years, or never None Yes Murder  ??  ?? By President
People's Republic of China Yes Never None No No Various Yes By courts
Croatia No[9] Varies, depending on sentence 40 years[9] No No life imprisonment sentence No life imprisonment sentence No life imprisonment sentence No life imprisonment sentence
Cuba Yes Never; only pardon by president None No Murder, Drug trafficking  ?? Yes By President
Cyprus Yes 20 years None  ??  ??  ??  ??  ??
Czech Republic[10] Yes 20 years None No None Some cases of murder, treason, terrorism, genocide, robbery, kidnapping, rape No life imprisonment sentence By President
Denmark Yes 12 years, or never None[11] Yes  ??  ?? Maximum 15 years After 12 years entitled to request to Minister of Justice; granted by King or Queen of Denmark
Dominican Republic No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence 13–15 years (10 years) 16–17 years (15 years) No life imprisonment sentence
Ecuador No Varies, depending on sentence 25 years (35 years in exceptional cases) No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
El Salvador No (Except in wartime) Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Egypt Yes Never None No Murder, Rape, Kidnapping, Terrorism Drug offenses Yes Pardon by president
Estonia Yes Never[12] None Yes (de facto)  ??  ?? Maximum length 10 years Pardon by president[13]
Finland Yes 12 years for court release, any time for presidential pardon[14] None Yes Murder, purposefully killing police officer Genocide, high treason, espionage, war crimes, homicidal terrorist act Maximum length 15 years (under age of 18); minimum 10 years for parole request (under age of 21) By president, Helsinki Court of Appeal
France Yes 18–22 years, 30 years, or never None Yes, but only if decided by court at sentencing None Aggravated murder, aggravated torture, treason, terrorism, drug trafficking, crimes against humanity, war crimes, rape Maximum length 20 years (under age of 16) By president, with countersignature from Prime minister and ministry of justice
Germany Yes 15 years None Yes, but only if decided by court at sentencing Murder, genocide, crimes against humanity, war crimes See details 10 years By Federal President or Minister-President
Hungary Yes 20–40 years, or never None Yes Murder, after 3 violent crimes Genocide, high treason No life imprisonment under 18; maximum length 15 years By president
Honduras No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Hong Kong Yes Individually set by judge None Yes Murder  ?? Must have minimum term set By Chief Executive of Hong Kong, under the recommendation of Long Term Prison Sentences Review Board
Iceland Yes 15 years None No None Murder, Hostage taking, terrorism, treason Maximum 10 years in prison By President
India Yes 25 years or never; individually set by judge None Yes Murder, rape, robbery Kidnapping Yes May be pardoned by President or have sentence commuted by Government
Indonesia Yes Never None Yes Murder, terrorism, kidnapping, rape, treason  ??  ?? By President
Iraq Yes Never None No Murder, terrorism Drug trafficking Yes By President
Ireland Yes 12–30 years or never; individually set by judge None Yes Murder, treason, some syringe injuries, etc. see details See details  ?? By President
Israel Yes Never None Yes Murder, terrorism Kidnapping child with intent to murder Yes By president usually after 30 years
Italy Yes 21 years, 26 years, or never None Yes Murder, terrorism, mafia association, drug trafficking, human trafficking, treason Aggravated sexual assault, aggravated robbery, firearm trafficking Maximum length 20 years imprisonment under 16 By president
Jamaica Yes 10–30 years or never; individually set by judge None Yes  ??  ??  ??  ??
Japan Yes 10 years or never None Yes Death sentence by instigation to a foreign aggression Murder Yes By Emperor
Jordan Yes Never None No Murder, terrorism, espionage Drug trafficking Yes By King
Kazakhstan Yes Never None Yes Murder, terrorism  ?? Maximum 20 years By President
Kiribati Yes 5–25 years, or never None  ??  ??  ??  ??  ??
Kosovo  ??  ??  ??  ??  ??  ??  ??
Laos Yes Never None Yes  ??  ??  ??  ??
Latvia Yes 20 years None  ??  ??  ??  ??  ??
Lebanon Yes Never None No Murder, terrorism, treason Drug trafficking and manufacturing Yes By President
Macau No Varies, depending on sentence 25 years (30 in exceptional circumstances)[15] No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Malaysia Yes 20 years or never None Yes Murder, drug offenses, serious firearms/ammunition/explosive offenses, terrorism, rape, sodomy, attack on monarch, violence to parliament, treason  ??  ?? By King / Monarch / Federal Pardon Committee
Mexico No (exception of Chihuahua) Varies, depending on sentence 60 years No[16] No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
The Netherlands Yes Never None Yes (de facto) None Attack on monarch, violence to parliament, several facts constituting an offence resulting into death of (a) person(s) (not manslaughter), manslaughter in combination with other facts, facts with intent to terrorism, treason under 12: never prosecution
12–16: 10 year imprisonment max.
16–18: 20 years imprisonment max.		 By monarch (almost never granted)
Nepal No Varies, depending on sentence 20 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
New Zealand Yes 10 years, 17 years, 20 years, or never; individually set by judge None Yes Murder, treason Manslaughter, certain drug related Must have minimum term set (under 18) Sentence may be reduced or pardon granted by the Governor General (Rarely done)
Nicaragua No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Nigeria Yes Never[17] None Yes  ??  ?? No life imprisonment sentence  ??
North Korea Yes Never None Yes (de facto and de jure) Murder, espionage, treason  ?? Yes By president
Northern Cyprus Yes Never; Only pardon by President None Yes Murder, Drug trafficking, terrorism, treason Espionage, war crimes, mutiny, desertion Maximum sentence for murder is 24 years; only terrorism related cases Pardon by president; requires counter signature from Prime Minister and Minister of Justice
Norway No Varies, depending on sentence 30 years Yes No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence
Pakistan Yes 25 years None  ??  ??  ??  ?? By President
Panama No Varies, depending on sentence 50 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Paraguay No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Peru Yes Never None Yes Murder, terrorism  ??  ?? By President
Poland Yes 25 years or more—individually set by judge None No None Genocide, war crimes, high treason, murder, assassination attempt of Polish president Maximum 25 years (under age of 18) Pardon by president , Amnesty by act of parliament (last amnesty in 1989)
Portugal No Varies, depending on sentence 25 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Romania Yes 20 years None  ??  ??  ??  ??  ??
Republic of the Congo No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Russia Yes 25 years 30 years No No See details 10 years for all persons under age 18 By President
Saudi Arabia Yes Never None No Possession of alcohol, apostasy, cross dressing Homosexuality, Witchcraft, adultery, fornication Yes By King
Serbia No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Slovakia Yes 25 years None  ??  ??  ??  ?? By President
Slovenia Yes 25 years None Yes Murder, treason  ??  ?? By President
Somalia Yes Never None No Murder, rape, robbery Sodomy, adultery, crimes against humanity Yes By President
South Africa Yes 10, 15, or 25 years None No Certain murder, rape and robbery  ??  ??  ??
South Korea Yes 10 years or never None  ?? High treason, robbery (rape) with deadly outcomes, arson, murder of relative, etc.  ?? Maximum 10 years (for certain violent crimes 20 years) By President and requires agreement of National Assembly
South Ossetia  ??  ??  ??  ??  ??  ??  ??  ??
Spain No Varies, depending on sentence 40 years No No life imprisonment sentence No life imprisonment sentence  ?? No life imprisonment sentence
Syria Yes Never None No Murder, political crimes, terrorism, treason Drug offenses Yes By President
Sweden Yes 18 years, but parole hearing may be held after 10 years served, thus fixing a much later date for release on parole None Yes None Murder, kidnapping, arson, war crimes, espionage, sabotage, violent robbery Life imprisonment sentence from 21 years By the District Court of Örebro.
Switzerland Yes 10 years or 15 years; individually set by judge None Yes None Aggravated murder,[18] aggravated hostage-taking,[19] genocide,[20] endangering the independence of the country[21] Maximum 4 years if aged 15–17 years (under 15 years, no imprisonment)[22] By Federal Assembly (Parliament)[23]
Republic of China (Taiwan) Yes 25 years
10–20 years before June 30, 2006		 None Third violent crime Aggravated murder, hard drug trafficking Many violent crimes causing death, etc. Banned by Criminal Code By President
Tajikistan Yes Never None No Murder, terrorism Treason Yes By President
Tunisia Yes Never None No Murder, terrorism Drug trafficking Yes By President
Turkey Yes Never; only pardon by the Presdient None Yes Murder, drug trafficking, terrorism, treason Military offenses, espionage, piracy Life imprisonment for juveniles is commuted to sentences of up to 24 years By President in case of permanent illness, disability or decrepitude
Turkmenistan Yes Never None No Murder, terrorism Treason Yes By President
UK: England and Wales Yes 15–40 years or never; individually set by judge None Yes Murder All common law offences, rape, inflicting GBH with intent, wounding with intent, treason, aggravated burglary, criminal Damage with intent to endanger life No whole life tariff (under age of 21) Compassionate release and pardon by minister of justice; amnesty by royal decree alone or with act of parliament (last amnesty in 1747).
UK: Scotland Yes 15–35 years; individually set by judge None Yes Murder  ?? No whole life tariff Compassionate release by Cabinet Secretary for Justice (Scottish Government); amnesty by royal decree alone or with act of parliament
UK: Northern Ireland Yes 15–35 years; individually set by judge None No[24][25] Murder  ??  ?? General release through a referendum based agreement in 1998 (became applicable in 3 cases i, ii, iii)
Ukraine Yes 25 years None No Murder with aggravating circumstances  ?? Maximum 15 yers By President
United States Yes 15–35 years, or never (depending on crime) None Yes Varies by state Varies by state Life without parole is not allowed for offenders under 18 except in cases of murder. The felony murder rule applies.[26] By president or governor of a state (depending on jurisdiction)
Uruguay No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence
Uzbekistan Yes Never None No Murder, terrorism Treason Maximum 10 years By President
Vatican City Yes Never None No Assassination of the pope, attempted assassination of the pope, terrorism, treason, murder Drug trafficking, human trafficking, firearm trafficking Yes in certain cases By Pope
Venezuela No Varies, depending on sentence 30 years No No life imprisonment sentence No life imprisonment sentence ?? No life imprisonment sentence
Vietnam Yes Never None Yes (de jure)  ??  ?? Under 18: maximum 18 years imprisonment, under 16: maximum 14 years imprisonment jail Usually amnesty after 20–30 years

See also

Notes

  1. ^ The University of San Francisco Law School’s Center for Law & Global Justice has found no cases outside of the United States in which the sentence is actually imposed on juveniles.
  2. ^ "State Distribution of Youth Offenders Serving Juvenile Life Without Parole (JLWOP) | Human Rights Watch". Hrw.org. 2009-10-02. http://www.hrw.org/en/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole. Retrieved 2011-08-03. 
  3. ^ "Stats by State « The Campaign for the Fair Sentencing of Youth". Endjlwop.org. http://www.endjlwop.org/the-issue/stats-by-state/. Retrieved 2011-08-03. 
  4. ^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States", 2008.
  5. ^ "Graham v. Florida, 130 S. Ct. 2011 (2010).
  6. ^ Kevin Johnson (7/22/2009 11:19 PM). "Report wants life without parole abolished". USA Today. http://www.usatoday.com/news/washington/2009-07-22-lifers_N.htm. 
  7. ^ section 18 of the Austrian criminal code
  8. ^ Criminal code of the Republic of Bulgaria
  9. ^ a b Kovčo Vukadin, Irma; Žakman-Ban, Vladimira; Jandrić-Nišević, Anita (2010). "Prisoner Rehabilitation in Croatia" (PDF). Varstvoslovje, Journal of Criminal Justice and Security 12 (2): 143–162. ISSN 1580-0253. http://www.fvv.uni-mb.si/varstvoslovje/articles/VS-2010-2-Croatia.pdf. Retrieved 1 December 2010. 
  10. ^ Czech Criminal Code
  11. ^ nyhederne-dyn.tv2.dk/article.php/id-27931364
  12. ^ "Comparative Criminology | Europe - Estonia". Rohan.sdsu.edu. http://www-rohan.sdsu.edu/faculty/rwinslow/europe/estonia.html. Retrieved 2011-08-03. 
  13. ^ "Estonia releases first life prisoner - BONJOUR L'ESTONIE". Shaan.typepad.com. 2008-11-06. http://shaan.typepad.com/shaanou/2008/11/estonia-release.html. Retrieved 2011-08-03. 
  14. ^ "Oikeuslaitos - Imprisonment and community service". Oikeus.fi. http://www.oikeus.fi/16073.htm. Retrieved 2011-08-03. 
  15. ^ "Código Penal - Art. 1 a 100" (in Portuguese). Imprensa Oficial (Government Printing Bureau). 14 November 1995. http://bo.io.gov.mo/bo/i/95/46/codpenpt/codpen0001.asp#1. Retrieved 2009-02-17. 
  16. ^ 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))
  17. ^ Name (required) (2008-11-19). "6 NIGERIAN SOLDIERS BAG LIFE IMPRISONMENT « connectafrica". Connectafrica.wordpress.com. http://connectafrica.wordpress.com/2008/11/19/6-nigerian-soldiers-bag-life-imprisonment. Retrieved 2011-08-03. 
  18. ^ art. 112 Swiss Criminal Code
  19. ^ art. 185 Swiss Criminal Code
  20. ^ art. 264 Swiss Criminal Code
  21. ^ art. 266 Swiss Criminal Code
  22. ^ (French)art. 25 Juvenile Criminal Code
  23. ^ art. 173 al. 1 let. k Constitution of the Swiss Confederation
  24. ^ Belfast Telegraph Fury over ruling that could see Attracta’s killer freed Saturday, 28 June 2008
  25. ^ Neutral Citation No.[2008] NICA 27 http://www.courtsni.gov.uk/NR/rdonlyres/D4920842-6C93-4664-8B52-641C305CCF6A/0/j_j_KER7217Final.htm
  26. ^ "Supreme Court restricts life sentences without parole for juveniles - Los Angeles Times". Latimes.com. 2010-05-17. http://www.latimes.com/news/nationworld/nation/la-na-court-juveniles-20100518,0,276108.story. Retrieved 2011-08-03. 

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