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Refimprove|date=September 2009Criminal procedure (trial) Life Imprisonment (also known as a life sentence , lifelong incarceration or life incarceration ) is any sentence (law)|sentence of imprisonment for a serious crime under which the convicted person is to remain in prison|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 Illegal drug trade|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 reform s 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|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 minor (law)|minors do not differ from those given to legal adult s. 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. http://www.usfca.edu/law/jlwop/other_nations/ 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. As of 2009, Human Rights Watch had calculated that there were 2,589cite web|url= http://www.hrw.org/en/news/2009/10/02/state-distribution-juvenile-offenders-serving-juvenile-life-without-parole |title=State Distribution of Youth Offenders Serving Juvenile Life Without Parole (JLWOP) & #124; Human Rights Watch |publisher=Hrw.org |date=2 October 2009 |accessdate=3 August 2011cite web|url= http://www.endjlwop.org/the-issue/stats-by-state/ |title=Stats by State « The Campaign for the Fair Sentencing of Youth |publisher=Endjlwop.org |accessdate=3 August 2011 youth offenders serving life without parole in the United States." http://www.hrw.org/en/reports/2008/05/01/executive-summary-rest-their-lives The Rest of Their Lives: Life without Parole for Child Offenders in the United States", 2008.
In 2010, the United States Supreme court ruled that sentencing minors to life without parole for crimes other than first-degree murder violated the Eighth Amendment to the United States Constitution|8th Amendment 's ban on "cruel and unusual" punishment, in the case of Graham v. Florida ."Graham v. Florida, 130 S. Ct. 2011 (2010).
The United States Supreme Court will consider in 2012 whether minors should be sentenced to life without parole for any crime at all, including the only cases stated above in which it is now an option: first-degree murder with aggravating factors (felony murder, where life without parole can currently be given as an option to juveniles and where an adult in the same context could be charged with capital murder and given life or death).cite web|url= http://www.chicagotribune.com/news/local/ct-met-juvenile-lifers-20120319,0,262259.story |title=Criminal justice: Supreme Court to consider constitutionality of life without parole for young killers |work= Chicago Tribune |date=19 March 2012 |accessdate=30 March 2012
World view
legend|#e35d5d|Life imprisonment sentence is usedlegend|#66e35d|Life imprisonment may only be imposed under certain restrictionslegend|#5d82e3|Life imprisonment laws have been abolishedlegend|#e0e0e0|Life imprisonment status unknown, presumed legal
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 , where a mandatory cap on prison terms at 30 years is provided by statutory law (that notwithstanding, capital punishment is constitutionally allowed during wartime, and is applied for military crimes such as treason, defection and mutiny).
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 the Chinese dependency ( Special Administrative Region of the People's Republic of China|Special Administrative Region ) and former Portuguese colony of Macau also maintains a mandatory cap on prison sentences at 30 years, having inherited the law from Portuguese rule. Three African countries, the Republic of the Congo , Mozambique, and Cape Verde are known to have abolished life imprisonment. The maximum sentence in Mozambique and Republic of the Congo are 30 years, and 25 years in Cape Verde.
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 and El Salvador is 40 years, 50 years in Costa Rica and Panama, 60 years in Colombia, 35 years in Ecuador, 30 years in Nicaragua, Bolivia, Uruguay, and Venezuela, and 25 years in Paraguay.
In the United States, a 2009 report by the Sentencing Project suggested that Life imprisonment in the United States|life imprisonment without parole should be abolished, a suggestion that was met with opposition from law enforcement officials.cite web|url = http://www.usatoday.com/news/washington/2009-07-22-lifers_N.htm|title = Report wants life without parole abolished|author = Kevin Johnson|work=USA Today|date = 22 July 2009
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
Never
None
Yes
Murder, terrorism, violation of Islamic law
Treason, drug trafficking
YesCitation needed
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 cite web
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 10 years (under age of 16); Maximum 15 years (under age of 18); Maximum 20 years (under age of 21)
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
12 years for court release, any time for presidential pardoncite web
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
Federal President or Minister-President#Germany
Greece
Yes
16 years, or 20 years in cases of multiple life sentences
None
Yes
Murder, terrorism
? ?
? ?
By President
Hungary
Yes
25 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 8 years in prison
By President
India
Yes
14 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
YesCitation needed
see details
See details
? ?
By President
Israel
Yes
Never
None
YesCitation needed
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
25 years, or never
None
? ?
? ?
? ?
? ?
? ?
Kosovo
No
Varies, depending on sentence
40 years
No
No life imprisonment sentence
No life imprisonment sentence
? ?
No life imprisonment sentence
Laos
Yes
Never
None
Yes
? ?
? ?
? ?
? ?
Latvia
Yes
25 years
None
Yes
Murder, treason, terrorism, war crimes
Drug offenses, rape, robbery, sabotage, crimes against humanity
? ?
By President
Lebanon
Yes
Never
None
No
Murder, terrorism, treason
Drug trafficking and manufacturing
Yes
By President
Lithuania
Yes
25 years
None
Yes
Murder, terrorism
? ?
? ?
By President
Luxemborg
Yes
15 years
None
Yes
Murder, treason
Terrorism
? ?
By President
Macau
No
Varies, depending on sentence
25 years (30 in exceptional circumstances)cite web
No
No life imprisonment sentence
No life imprisonment sentence
? ?
No life imprisonment sentence
Macedonia
Yes
15 years
None
Yes
Murder, terrorism
Rape, robbery, drug offenses crimes against humanity
Yes
By President
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
NoFor details of new rulings from Mexican Supreme Court, see: http:/ / mexico.usembassy.gov/ mexico/ ep051223extradition.html "Wanted Fugitive Raul Gomez Garcia Extradited to the U.S." (US Embassy in Mexico)dead link
No life imprisonment sentence
No life imprisonment sentence
? ?
No life imprisonment sentence
Morocco
Yes
Never
None
No
Murder, terrorism, treason
Drug trafficking and manufacturing
Yes
By King / Queen
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 12–15 : 12 months imprisonment max. 16–17 : 24 months imprisonment max.
By monarch (almost never granted)
Nepal
Yes
Never
None
No
Murder, terrorism
? ?
? ?
By president
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
Nevercite web
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
21 years (can be extended indefinitely if the criminal poses a danger to society at the end of served time), 30 years for terrorism
Yes
No life imprisonment sentence
No life imprisonment sentence
No life imprisonment sentence, people over age of 15 can be sentenced by normal laws or to child protection
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(Not for life imprisonment) 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
Singapore
Yes
20 years?
None
Yes
Kidnapping for ransom
Drug trafficking, gun crime
Felon detained at the President's pleasure
? ?
Slovakia
Yes
25 years
None
Yes
Murder, terrorism, treason
Crimes against humanity, war crimes
? ?
By President
Slovenia
Yes
25 years
None
Yes
Murder, treason
Terrorism, drug offenses, crimes against humanity
? ?
By President
Somalia
Yes
Never
None
No
Murder, rape, robbery
Sodomy, adultery, crimes against humanity
YesCitation needed
By President
South Africa
Yes
10, 15, or 25 years
None
NoCitation needed
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
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,art. 112 Swiss Criminal Code aggravated hostage-taking,art. 185 Swiss Criminal Code genocide,art. 264 Swiss Criminal Code endangering the independence of the countryart. 266 Swiss Criminal Code
Maximum 4 years if aged 15–17 years (under 15 years, no imprisonment)frhttp:/ / www.admin.ch/ ch/ f/ rs/ 311_1/ a25.html art. 25 Juvenile Criminal Code
By Federal Assembly (Parliament)art. 173 al. 1 let. k Constitution of the Swiss Confederation
Republic of China (Taiwan)
Yes
25 years 10–20 years before 30 June 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
None
Yes
Murder,treason, terrorism, military offenses
Drug trafficking, espionage
Life imprisonment for juveniles is commuted to sentences of up to 24 years
By President in case of permanent illness, rehabilitation, 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 (however, indefinite sentences are very rarely handed down)
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 Belfast Telegraph http:/ / www.belfasttelegraph.co.uk/ news/ local-national/ fury-over-ruling-that-could-see-attracta8217s-killer-freed-13897506.html Fury over ruling that could see Attracta’s killer freed Saturday, 28 June 2008Neutral Citation No.2008 NICA 27 http:/ / www.courtsni.gov.uk/ NR/ rdonlyres/ D4920842-6C93-4664-8B52-641C305CCF6A/ 0/ j_j_KER7217Final.htm
Murder Rape
? ?
? ?
referendum based agreement in 1998 (became applicable in 3 cases Sean Kelly (Irish republican)
Ukraine
Yes
25 years
None
No
Murder with aggravating circumstances
? ?
Maximum 15 yers
By President
United States
Yes
15 years minimum to Infinite, or never (depending on crime and state)
None
Yes
Varies by state
Varies by state
Life without parole is not allowed for offenders under 18 except in cases of murder- specifically, first-degree murder . The felony murder rule applies; in many jurisdictions, the juvenile must have committed first-degree murder and also have aggravating circumstances present, such as a planned rape and murder of a minor or the murder of a law enforcement officer.cite web
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
Citation needed>date=September 2009
See also
10-20-Life
Incapacitation (penology)|Incapacitation
Indefinite prison sentence
Use of capital punishment by nation
Notes
Reflist
External links
http://www.penalreform.org/life-imprisonment.html International perspectives on life imprisonmentdead link|date=August 2011
