Life sentence
imprisonment. The effect of such a sentence varies between jurisdictions.
Life imprisonment is regarded by many as a humane alternative to the death penalty for the most serious crimes.
- In the United States, life imprisonment usually lasts until the prisoner dies. Sometimes life terms are given in sentences that are longer than how long the prisoner is expected to live on purpose, i.e. a 200-year sentence. In actuality, a life sentence does not always mean "imprisonment for life." In many states, one can be paroled out of a life sentence after a decade or more has passed. For example, sentences of "15 years to life" or "25 years to life" may be given. 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.
- In Mexico, life imprisonment is any long and indeterminate sentence ranging from 20 years up to a maximum of 40 years.
- In Canada, life imprisonment is mandatory for murder. The non-parole period is 25 years for 1st degree murder, and for 2nd degree murder, the non-parole period ranges between 10 and 25 years. If a non-parole period is more than 15 years, the prisoner can apply to the National Parole Board for parole consideration after 15 years. Other crimes, including robbery, rape and burglary, have a maximum sentence of life. In these cases, the non-parole period is seven years.
Interpretation in Europe
- In the United Kingdom it does not mean, as one might expect, "imprisonment for life", but a prison sentence of indeterminate length. In many cases the Home Secretary sets the "tariff", or length of term, for prisoners sentenced to life imprisonment. The average sentence is about 15 years before the first parole hearing, although those convicted for heinous offenses serve their sentences significantly longer, and some receive "whole life tariffs" and die in prison, such as Myra Hindley and Harold Shipman. Prisoners jailed for life are released on a life licence if the parole board authorises their release.
- In 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.
- In Germany, the minimum time to be served for a sentence of life imprisonment is 15 years after which the prisoner can apply for parole. If the verdict in the original trial includes an explicite finding of "exceptional gravity of guilt" (in German: "Besondere Schwere der Schuld") then the possibility of parole after 15 years is excluded and the prisoner can apply for the first time after 18 years. After about 10 years of imprisonment, a specialised chamber (technical term in German: "Strafvollstreckungskammer") of the criminal court which is responsible for the case sets a recommended minimum term to be served depending on the individual characteristics of the crime, in other words, a minimum time which is deemed just and appropriate for the gravity of the crime. Release of a prisoner on parole requires (1) that this minimum time is served and (2) that a psychological expert opinion finds no further dangerousness for this prisoner and a positive social prognosis. In reality, a finding of "exceptional gravity of guilt" drastically increases the time before parole is granted. The average time served for a life sentence in Germany is around 20 years. Around 20% of all people serving life imprisonment stay in prison until their natural death.
- In Poland, the prisoner sentenced to life imprisonment must serve at least 25 years in order to be eligible to parole. Moreover, during sentencing, the court may set higher minimum term than above. Since the introduction of life imprisonment in 1997, such minimum term was never higher than 40 years.
- In Italy, life imprisonment (ergastolo in Italian) has an indeterminate length, after 10 years the prisoner may be conceded a permission for a day work outside the prison (he must be back at night), after 26 years he may be paroled. It is not uncommon for people considered "socially dangerous" to serve 50 years or more, terminal ill or old prisoners are usually sent to house confinement.
Interpretation in Asia and Oceania
- In Australia, life imprisonment is a term of usually 40 years.
