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Life in prison

Life imprisonment is a term used for a particular kind of sentence of 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.

Interpretation in North America

  • In the United States, life imprisonment 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, however, a life sentence does not always mean "imprisonment for life." In many cases one can be paroled out of a life sentence after a decade or more has passed. 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.

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.
  • 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. The average time served for a life sentence in Germany is around 20 years. In reality, a finding of "exceptional gravity of guilt" drastically increases the time before parole is granted. Around 20% of all people serving life imprisonment stay in prison until their natural death.

External links

  • http://www.aic.gov.au/publications/tandi/tandi19.html
  • http://www.azleg.state.az.us/ars/13/00703.htm

 

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This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Life in prison".

 

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