Criminal procedure
Criminal trials and convictions
Rights of the accused
Fair trial  · Speedy trial  · Jury trial
Counsel  · Presumption of innocence
Exclusionary rule (U.S.)
Self-incrimination  · Double jeopardy (Not E&W)
Verdict
Acquittal  · Conviction
Not proven (Scot.)  · Directed verdict
Sentencing
Mandatory  · Suspended  · Custodial
Dangerous offender (Can., E&W)
Capital punishment  · Execution warrant
Cruel and unusual punishment
Post-conviction events
Parole  · Probation
Tariff (UK)  · Life licence (UK)
Miscarriage of justice
Exoneration  · Pardon
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice

Life imprisonment or life incarceration is a sentence of imprisonment for a serious crime, often for most or even all of the criminal's remaining life, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually 7 to 50 years) a prisoner may be incarcerated, or require the possibility of parole after a set amount of time. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted The right to fair trial is an essential right in all countries respecting the Rule of law. Speedy trial refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings Right to counsel is nowadays generally regarded as a constituent of the Right to a fair trial, allowing for the defendant to be assisted by counsel (i The presumption of innocence being innocent until proven guilty is a legal Right that the Accused in Criminal trials has The exclusionary rule is a legal principle in the United States, under constitutional law, that holds that evidence collected or analyzed in violation of Courts of the United States may refer both to the United States federal courts, which operate under the authority of the United States Constitution Self-incrimination is the act of accusing oneself of a Crime for which a person can then be Prosecuted. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England In Law, a verdict is the formal finding of fact made by a Jury on matters or questions submitted to the jury by a judge In Criminal law, an acquittal is a verdict of not guilty, or some similar end of the proceeding that terminates it with prejudice without a verdict In Law, a conviction is the Verdict that results when a Court of law finds a Defendant guilty of a Crime. Not proven is a Verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts The civil, criminal and heraldic Courts of Scotland are responsible for the administration of Justice. In Law, a directed Verdict is ruling by a Judge presiding over a Jury trial typically made after the plaintiff has presented all of her evidence In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A mandatory sentence is a court decision setting where Judicial discretion is limited by Law. A suspended sentence is a legal construct Unless a minimum punishment is prescribed by law the Court has the power to suspend the passing of sentence (generally A custodial sentence is a judicial sentence imposing a punishment (and hence the resulting punishment itself consisting of mandatory custody of the convict either in prison In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction Her Majesty's Courts of Justice of England and Wales are the civil and criminal Courts responsible for the administration of Justice in England Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. An execution warrant or death warrant is a warrant which authorizes the execution of a judgment of death ( Capital punishment) on an individual Parole may have different meanings depending on the field and judiciary system Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite Prison sentence must serve before that person becomes The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released The United Kingdom does not have a single unified Judicial system, but separate judicial systems serving England and Wales, Scotland and Northern Exoneration occurs when a person who has been convicted of a Crime is later proved to have been innocent of that crime A pardon is the forgiveness of a crime and the penalty associated with it The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to In Law, a sentence forms the final act of a Judge -ruled process and also the symbolic principal act connected to his function A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Parole may have different meanings depending on the field and judiciary system

In almost all jurisdictions without capital punishment, life imprisonment (especially without the possibility of parole) constitutes the most severe form of criminal punishment. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. In the history of Life imprisonment or life incarceration, where all or most of a person's remaining life is spent imprisoned its purpose has chiefly been as Only a small number of jurisdictions have abolished both.

Contents 1 Children and teenagers under 18 2 Interpretation in Europe 2.1 Austria 2.2 Belgium 2.3 Bosnia and Herzegovina 2.4 Denmark 2.5 Estonia 2.6 France 2.7 Finland 2.8 Germany 2.9 Greece 2.10 Ireland 2.11 Italy 2.12 Netherlands 2.13 Norway 2.14 Poland 2.15 Portugal 2.16 Romania 2.17 Russia 2.18 Spain 2.19 Sweden 2.20 Turkey 2.21 United Kingdom 2.21.1 European Court of Human Rights review on lifelong imprisonment 3 Interpretation in South America 3.1 Bolivia 3.2 Brazil 3.3 Uruguay 3.4 Venezuela 4 Interpretation in North America 4.1 Canada 4.2 Mexico 4.3 United States 4.3.1 Determinate and Indeterminate Life Sentence 4.3.2 Three Strikes Law 5 Interpretation in Asia/Pacific 5.1 Australia 5.2 India 5.3 Indonesia 5.4 Japan 5.5 Malaysia 5.6 New Zealand 5.7 Taiwan 5.8 Vietnam 6 Interpretation in Africa 6.1 South Africa 7 Notes 8 External links

Children and teenagers under 18

Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential In law the term minor (also infant or infancy) is used to refer to a person who is under the age in which one legally assumes Adulthood and is legally For the 2008 British film by Noel Clarke see Adulthood (film. About a dozen countries worldwide allow for minors to be given lifetime sentences that have no provision for eventual release. Of these, only some — South Africa, Israel, Tanzania, and the United States — actually have minors serving such sentences, according to a 2005 joint study by Human Rights Watch and Amnesty International. The Republic of South Africa (also known by other official names) is a country located at the southern tip of the continent of Africa For a topic outline on this subject see List of basic Israel topics. Tanzania ˌtænzəˈniːə officially the United Republic of Tanzania (Jamhuri ya Muungano wa Tanzania is a country in East Africa bordered by Kenya The United States of America —commonly referred to as the Human Rights Watch is a United States -based international Non-governmental organization that conducts research and advocacy on Human rights. Amnesty International (commonly known as Amnesty or AI) is a Western based international Non-governmental organization which defines its mission as "to Although South Africa does allow life imprisonment for children below 18 years of age, it is not without the possibility of release. In terms of parole laws, a person sentenced to life will be eligible for parole after serving 25 years. Of these, the United States has by far the largest number of people serving life sentences for crimes they committed as minors: 9,700, of which 2,200 are without the possibility of parole, as of October 2005. Only 12 other juvenile courts have such sentences in the rest of the world. ^[1][2]

Interpretation in Europe

Austria

Life imprisonment theoretically means imprisonment until the prisoner dies. After 15 years parole is possible, if and when it can be assumed that the inmate will not re-offend. This is subject to the discretion of a criminal court panel, and possible appeal to the high court. Alternatively, the President may grant a pardon upon motion of the Minister of Justice. A pardon is the forgiveness of a crime and the penalty associated with it Prisoners who committed a crime when below the age of 21 can be sentenced to a maximum of 20 years imprisonment.

Belgium

Life imprisonment theoretically means imprisonment until the prisoner dies. However, a life sentence is assimilated to 30 years imprisonment, to determine when the prisoner will become eligible for parole: he can apply after a third of that sentence has been served, if convicted of a first criminal offence, or after two third if recidivist. Parole has to be granted by a jurisdiction, and the judgement can be appealed. Alternately, release can be postponed, even if the prisoner is eligible for parole, or is at the end of his sentence, if the trial court has added a security period "at the disposal of the government", for no longer than the maximum period set forth by the criminal trial court.

Bosnia and Herzegovina

Before Bosnia and Herzegovina became independent in 1992, the maximum time a prisoner was to spend in jail was 20 years. The "life term" has been bumped up to 40 years since independence, however, no prisoner serves more than 10 to 20 years; most of them are pardoned for good behavior. Lesser penalties are given to offenders under the age of 18.

Denmark

A life sentence theoretically means until death, with no parole. However, prisoners are entitled to a pardoning hearing after 12 years, and upon motion of the minister of justice, the Danish King or Queen may grant a pardon, subject to a 5-year probationary period. A pardon is the forgiveness of a crime and the penalty associated with it Prisoners sentenced to life imprisonment serve an average of 16 years, more for cases considered to be particularly grave. The only example in modern times of an individual serving significantly more than 16 years in prison is Palle Sørensen, who served 33 years for a quadruple police murder. Palle Mogens Fogde Sørensen (born March 26 1927 in Copenhagen, Denmark) in September 1965 while escaping in a stolen Car he shot Criminals considered dangerous can be sentenced to indefinite detention, and such prisoners are kept in prison until they are no longer considered dangerous (normally used for mentally ill criminals)). On average they serve 9 years before being released and then they will remain on probation for 5 years. However prisoners eligible for a life sentence are usually not given indefinite detention, as it is considered a lesser sentence than life.

Estonia

Life imprisonment means imprisonment until death. It is theoretically possible that the president may grant clemency, allowing possibility of parole; however, it has never happened.

France

Inmates jailed for life are eligibles for parole after 18 years served, or 22 years if the court impose 22 years and for recidivists. [1] [2] Since 1994, for child murder with rape or torture, the Court can impose a term of 30 years or decide that the defendant cannot be paroled [3]. Note for practices of systematically killing very young children see Infanticide.

It possible to give a reduction of this term for serious signs of social readaptation, past 20 years if the terms is to 30 years and past 30 years if the inmate is under decision that he cannot be paroled. [4]

It equally possible to be freed before this terms for serious health reasons. [5]

The life imprisonment is available for aggraved murder ; treason ; terrorism ; management of drug trafficking and other serious felonies resulting in death or with torture. [6]

There are an average of 25 sentences of life imprisonment by years (for 500 to 1000 murders by years) and 550 inmates jailed for life.

Persons under 18 years old connot be sentenced to life, but, between 16 and 18 years it possible by special decision.

Finland

Historically, the President of Finland has been the only person with the power to grant parole to the convicts imprisoned for life (see presidential pardon). The President of Finland is the Head of State of Finland. Under the Constitution of Finland, executive power is vested in the President and the The President of Finland is the Head of State of Finland. Under the Constitution of Finland, executive power is vested in the President and the Starting on October 1, 2006, this power has also been given to Helsinki Court of Appeal (Helsingin hovioikeus), and is effectively transferred there. Events 331 BC - Alexander the Great defeats Darius III of Persia in the Battle of Gaugamela. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. A life prisoner is considered for parole after serving 12 years. If the parole is rejected, a new parole hearing is scheduled in 2 years. If the parole is accepted, 3 years of supervised parole follows until full parole, assuming no violations. If the convict was less than 21 years of age when they committed the crime, the first parole hearing is after 10 years served. Life imprisonment cannot be sentenced for a crime that has been committed while the offender was under 18 years of age.

Germany

The minimum time to be served for a sentence of life imprisonment (Lebenslängliche Freiheitsstrafe) is 15 years, after which the prisoner can apply for parole. The average time a person serving a life sentence has to remain in prison also may depend on the state in which the person is serving the sentence. In the more conservative southern states, such as Bavaria or Baden-Württemberg, the time is significantly longer than in the northern German states. Bavaria ( German:, with an area of 70553 Km² (27241 square miles and almost 12 Baden-Württemberg is one of the 16 states ( Bundesländer) of the Federal Republic of Germany. Around 20% of all people serving life imprisonment stay in prison until their natural death.

The German Constitutional Court has found life imprisonment without the mere possibility of parole to be antithetical to human dignity, the most fundamental concept of the present German constitution. Human dignity refers to a state of Righteousness, Integrity, or Virtue in Human beings. That does not mean that every convict has to be released, but that every convict must have a realistic chance for eventual release, provided that he is not considered dangerous any more. Displays of contrition or appeals for mercy must not be made a condition for such a release. There is considerable popular opposition to the application of this ruling in the case of Red Army Faction terrorists. The Red Army Faction or RAF ( German Rote Armee Fraktion) (in its early stages commonly known as Baader-Meinhof Group ''Gang'' was one

In cases where the convict is found to pose a clear and present danger to society, the sentence may include a provision for "preventive detention" (German: Sicherungsverwahrung) after the actual sentence. This is not considered a punishment but a protection of the public; elements of prison discipline that are not directly security-related will be relaxed for those in preventive detention. The preventive detention is prolonged every two years until it is found that the convict is unlikely to commit further crimes. Preventive detention may last for longer than 10 years, and is used only in exceptional cases. Since 2006, it is possible for preventive detention to be ordered by a court after the original sentencing, if the dangerousness of a criminal becomes obvious only during his imprisonment.

For a person under the age of 18 (or 21, if the person is not considered to be of adult maturity, which is frequently the case) the life sentence is not applicable. The maximum punishment for a youth offendor is 10 years imprisonment.

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.

Ireland

A life sentence in Ireland lasts for life. However, not all of the life sentence is generally served in prison custody. The granting of temporary or early release of life sentenced prisoners is a feature of the Irish prison system handled by the Minister for Justice, Equality and Law Reform.

In deciding on the release from prison of a life sentenced prisoner, the Minister will always consider the advice and recommendations of the Parole Board of Ireland. The Board, at present, initially reviews prisoners sentenced to life imprisonment after seven years have been served. Prisoners serving very long sentences, including life sentences, are normally reviewed on a number of occasions over a number of years before any substantial concessions would be recommended by the Board. The final decision as to whether a life sentenced prisoner is released rests solely with the Minister. The length of time spent in custody by offenders serving life sentences can vary substantially. Of those prisoners serving life sentences who have been released, the average sentence served in prison is approximately twelve years. However, this is only an average and there are prisoners serving life sentences in Ireland who have spent in excess of thirty years in custody.

Italy

Life imprisonment (ergastolo in Italian) has an indeterminate length. Italian ( or lingua italiana) is a Romance language spoken by about 63 million people as a First language, primarily in Italy. After 10 years (8 in case of good behavior) the prisoner may be given permission to work outside the prison during the day, or to spend up to 45 days a year at home. After 26 (or 21 in case of good behavior) years, they may be paroled. The admission to work outside the jail or to be paroled needs to be approved by a special court (Tribunale di Sorveglianza) which determines whether or not an inmate is suitable for parole. Prisoners sentenced for associations with either mafia activities or terrorism that do not cooperate with law enforcement agencies are not eligible for parole. The Mafia (also known as Cosa Nostra) is a Sicilian Criminal Secret society which is believed to have first developed in the mid-19th century Terrorism is the systematic use of terror especially as a means of coercion Under any circumstance, however, the admission to parole in Italy libertà condizionata is not easy. Article 176 of the Italian Penal Code concerns libertà condizionata (English Conditional release, or parole An inmate that has received more than one life sentence has to spend a period from 6 months to 3 years in solitary confinement. In 1994, the Constitutional Court ruled that giving a life sentence to a person under the age of 18 was cruel and unusual.

Netherlands

Since 1878, after the abolition of the death penalty in the Netherlands, life imprisonment has almost always meant exactly that: the prisoner will serve his term in prison until death. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. The Netherlands is one of the few countries in Europe where prisoners are not granted a review for parole after a given time. The Netherlands ( Dutch:, ˈnedərlɑnt is the European part of the Kingdom of the Netherlands, which consists of the Netherlands the Netherlands Though the prisoner can appeal for parole, it must be granted by Royal Decree. An appeal for parole is almost never successful; since the 1940s, only two people have successfully filed a request for clemency, both being terminally ill. Since 1945, 41 criminals have been sentenced to life imprisonment (excluding war criminals). War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied There has been a noticeable increase of life imprisonment sentences being given in the last decade, more than triple the number of life imprisonment sentences in the last few years than the previous decades.

Norway

The maximum sentence that can be given is 21 years. It is common to serve two-thirds of this and only a small percentage serve more than 14 years. The prisoner will typically get unsupervised parole for weekends etc after serving 1/3 of the punishment, or 7 years. In extreme cases a sentence called "containment" (Norwegian: forvaring) can be passed. In such a case the subject will not be released unless deemed not to be of danger to society. This sentence is however not regarded as punishment, purely as a form of protection for society, meaning there is no minimum term, and that as long as the protective aspect is fulfilled, the subject can be granted privileges far beyond what is extended to people serving normal prison sentences.

Poland

Life imprisonment (Kara dożywotniego pozbawienia wolności in Polish) has an indeterminate length. Polish ( język polski, polszczyzna) is the Official language of Poland. The prisoner sentenced to life imprisonment must serve at least 25 years in order to be eligible for parole. During sentencing, the court may choose to set a higher minimum term than 25 years. Since the reintroduction of life imprisonment in 1995, the highest minimum term is 50 years, for serial killer Krzysztof Gawlik, sentenced in 2002 for killing 6 people.

At present, there are more than 200 people serving life sentences in Polish prisons (in march 2006 there were 204, but the number is still growing). All are convicted for murder.

For a person under the age of 18 the life sentence is not applicable. The maximum punishment for a youth offender is 25 years imprisonment.

Portugal

Life imprisonment is limited to a maximum of 25 years, but the vast majority of long-term sentences never exceed 20 years served.

Romania

Life imprisonment theoretically means imprisonment until the prisoner dies. After 20 years parole is possible.

Russia

After 25 years, a criminal sentenced to life imprisonment may apply to a court for "conditional early relief" (условно-досрочное освобождение) if the prisoner made no serious violations of prison rules in the last 3 years, and did not commit a serious crime during imprisonment. Parole, if granted, may carry restrictions, such as that the subject may not change residence, visit certain locations, and so forth. If the criminal commits a new offense, the court may retract the parole. If the application for parole is declined, a new application can be filed 3 years later.

As life imprisonment was introduced in Russia only in 1996, prisoners will become eligible for parole only since 2021, if no changes in law are made. Year 1996 ( MCMXCVI) was a Leap year starting on Monday (link will display full 1996 Gregorian calendar) 2021 ( MMXXI) will be a Common year starting on Friday of the Gregorian calendar.

Spain

The maximum imprisonment term is 40 years. Though a criminal may be condemned for much longer periods of time (such as 1000 years), the term for every charge is served simultaneously. Thus, the maximum time one can spend in jail is equal to the maximum 30. However, these things only happen in case of terrorism, notably involving Basque nationalism. Terrorism is the systematic use of terror especially as a means of coercion Basque nationalism is a movement with roots in the Carlism and the loss by the laws of 1839 and 1876 of the Ancien Régime relationship between the Basque provinces The ETA member Jose Mari Sagarudi is currently the person who has spent most years in prison in the whole of Spain (he has been in prison since 1980). eu '''Euskadi Ta Askatasuna''' or ETA ( Basque for "Basque Homeland and Freedom" ˈɛːta is an illegal armed Basque nationalist Separatist

Sweden

Life imprisonment is a sentence of indeterminate length. Swedish law states that the most severe punishment is "prison for ten years or life", and so life imprisonment is in practice never shorter than ten years. However, a prisoner may apply to the government for clemency, in practice having his life sentence commuted to a set number of years, which then follows standard Swedish parole regulations. Clemency can also be granted on humanitarian grounds. The number of granted clemencies per year has been low since 1991, usually no more than one or two. Until 1991 few served more than 15 years, but since then the time spent in prison has increased and today (2007) the usual time is at least 20-22 years. Offenders under the age of 21 when the crime was committed can not be sentenced to life imprisonment.

Increased criticism from prison authorities, prisoners and victims led to a revision of practices and in 2006 a new law was passed that also gave a prisoner the right to apply for a determined sentence at the Örebro Lower Court. A prisoner has to serve a minimum of 10 years in prison before applying and the set sentence can not be under 18 years, the maximum sentence allowed under Swedish law (10 years plus 4 years if one is a repeat offender and 4 years if the sentence contains other serious crimes). When granting a set sentence the court takes into account the crime, the prisoner's behaviour in prison, public safety and the chance of rehabilitation. However, some prisoners may never be released, being considered too dangerous. Of those who have been given set sentences under the new law, the sentences have ranged between 25 and 32 years.

The person currently having served for the longest time is Leif Axmyr, who in 1982 killed the stepson of the then Minister of finance and the stepson's fiancée, Axmyr's former girlfriend. The finance minister is a Cabinet position in a Government. A minister of Finance (also called financial affairs the treasury the economy or economic He has spent over 26 years in prison. At present (2008) there are about 170 people, including four women, serving life sentences in Swedish prisons. All are convicted of murder or conspiracy to commit murder. The Swedish Supreme Court ruled in 2007 that ten years in prison should overrule life imprisonment as the "main option" for people who have committed murder. At present (2008) this is under review by the Swedish parliament and it is expected that the "main option" for murder will be a much longer sentence (16-20 years), although life in prison remains an option.

Turkey

Life imprisonment generally carries an option for parole, though the time varies depending on the sentence. For crimes prosecuted under anti-terrorism laws, however, there exists "strict life imprisonment", which essentially amounts to life imprisonment without parole: such prisoners will serve their term until their death.

United Kingdom

A life sentence is a prison term of indeterminate length and in some exceptionally grave cases, a recommendation can be made that a life sentence should mean life. Formerly, the Home Secretary reserved the right to set the "tariff", or minimum length of term, for prisoners sentenced to life imprisonment, but politicians were stripped of this power in November 2002 after a successful challenge by convicted double murderer Anthony Anderson. The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office Anthony Anderson is a convicted British Murderer He is most notable for successfully challenging the Home Secretary's powers to set minimum terms for Anderson had been sentenced to life imprisonment in 1988 with a recommended minimum term of 15 years, but the Home Secretary later informed him that he would have to serve at least 20 years.

Since then, judges have been obliged to recommend a minimum term and only the Court of Appeal or the House of Lords Judicial Committee can make any amendments to the sentence. Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal The House of Lords, in addition to having a legislative function has a judicial function as a Court of last resort within the United Kingdom. Though politicians can no longer decide how long a life sentence prisoner spends behind bars, the Attorney General still has the power to petition the Court of Appeal in a bid to increase any prison terms which are seen as unduly lenient. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition

The Criminal Justice Act of 2003 set out guidelines for how long murderers should spend in prison before being considered for parole. This legislation highlighted the recommendation that multiple murderers (the murder of two or more people) whose crimes involved sexual abuse, pre-planning, abduction or terrorism should never be released from prison, which is known as a whole life tariff, while other multiple murders (two or more) should carry a recommended minimum of 30 years. The whole life tariff is a mechanism in British law whereby a Prisoner is sentenced to remain in prison until his or her death. A 30-year minimum should also apply to the worst single murders, including those with sexual or racial motives, the use of a firearm as well as the murder of police officers. Most other murders should be subject to a 15-year minimum. Inevitably, there have been numerous departures from these guidelines since they were first put into practice. For example, the judge who sentenced police killer David Bieber recommended that he should never be released from prison, whereas government guidelines recommended a 30-year minimum for such crimes. David Francis Bieber (born 3 February 1966[http //wwwtimesonline He is currently awaiting the outcome of an appeal to get his sentence reduced. And in the case of Mark Goldstraw, who killed four people in an arson attack on a house in Staffordshire, the trial judge set a recommended minimum of 35 years—as the crime included planning and resulted in the deaths of four people, it might have been expected to come under a category of killings which merited a whole life tariff. Mark Goldstraw (born 1975 is an English Murderer who was convicted on 1 November 2006 of murdering his ex-girlfriend Samantha Carter (aged 16 Staffordshire (abbreviated Staffs) is a landlocked county in the West Midlands region of England.

Whole life tariffs were introduced by the Thatcher government in 1983, and in that time approximately 30 life sentence prisoners have been told by various authorities that their sentences must mean life. Margaret Hilda Thatcher Baroness Thatcher LG, OM, PC, FRS (born 13 October 1925 Year 1983 ( MCMLXXXIII) was a Common year starting on Saturday (link displays the 1983 Gregorian calendar) These include Rosemary West, Myra Hindley, Ian Brady, Donald Neilson, Dennis Nilsen, Roy Whiting and Mark Hobson, Steve Wright^[3] (the so called "Suffolk Strangler"^[4]), and most recently Levi Bellfield^[5]. Rosemary Pauline ("Rose" West née Letts (born 29 November 1953 in Barnstaple) is an English Serial killer, now an inmate Myra Hindley (23 July 1942 &ndash 15 November 2002 was an English Serial killer convicted along with her lover Ian Brady, of killing four children between Ian Brady (Born Ian Duncan Stewart on January 2, 1938) is known primarily for the series of sadistic murders that he committed with his lover Myra Hindley For the similarly named American politician see Dennis Nielsen. The murder of Sarah Payne (13 October 1991 &ndash 1 July 2000 occurred in July 2000 Mark Hobson (born 2 September 1969, in Wakefield, Yorkshire) is a British Murderer who killed his girlfriend and her twin sister in Steven Wright may refer to Steve Wright (DJ, British radio broadcaster Steve Wright (serial killer, British serial killer The Ipswich 2006 serial murders took place during the November and December of 2006 when the bodies of five Murdered women were discovered at different locations near Ipswich Levi Bellfield (born 17 May 1968 in Isleworth, South West London) is a former nightclub bouncer and manager of a car clamping business

The average sentence is about 15 years before the first parole hearing, although those convicted of exceptionally grave crimes remain behind bars for considerably longer; Ian Huntley was given a tariff of 40 years. Some receive whole life tariffs and die in prison, such as Myra Hindley and Harold Shipman. Myra Hindley (23 July 1942 &ndash 15 November 2002 was an English Serial killer convicted along with her lover Ian Brady, of killing four children between Harold Frederick "Fred" Shipman (14 January 1946 &ndash 13 January 2004 was an English General practitioner and convicted Serial killer Various media sources estimate that there are currently between 35 and 50 prisoners in England and Wales who have been issued with whole life tariffs. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception

Reggie Kray was serving a whole life sentence but was released on compassionate grounds in August 2000, as he was 67 years old, suffering from terminal cancer and had spent over 30 years behind bars. Reginald "Reggie" Kray ( 24 October 1933 &ndash 1 October 2000) and Ronald "Ronnie" Kray ( 24 October He died just five weeks after being paroled. Prisoners jailed for life are released on a life licence if the parole board authorises their release. In the British criminal justice system a life licence specifies the conditions under which a prisoner sentenced to life in jail may be released A parole board is a panel of people who decide whether an offender should be released from prison on Parole after serving at least a minimum portion of their sentence as prescribed The prisoner must satisfy the parole board that they are remorseful, understand the gravity of their crime and pose no future threat to the public. They are subject to lifelong recall to prison should they breach their parole conditions.

European Court of Human Rights review on lifelong imprisonment

In February 2007, the European Court of Human Rights announced a review on whole life sentences on the grounds that such sentences amount to a violation of human rights. The European Court of Human Rights ( ECtHR) (Cour européenne des droits de l’homme in Strasbourg was established under the European Convention on Human Rights The review has yet to be completed. The Court of Appeal (UK) is awaiting the outcome of this review before it rules on the legality of lifelong imprisonment in David Bieber's appeal.

Interpretation in South America

Bolivia

maximum penalty is 30 years in prision.

Brazil

Article 5 of the Constitution of Brazil forbids the death penalty or life imprisonment. Because of its troubled political history Brazil has had a number of constitutions The Brazilian Penal Code establishes 30 years as the maximum amount of time one may be incarcerated. The current Penal Code of Brazil was promulgated on 1940 during the Estado Novo regime All convicts enjoy provisions that allow for parole after one-third of the term is served—João Acácio Pereira da Costa is the only known case of a convict imprisoned full-time for 30 years since 1985.

Uruguay

does not have death penalty or life in prision maximum penalty is 30 years .

Venezuela

maximum penalty is 30 years.

Interpretation in North America

Canada

Life imprisonment means that the offender will be under supervision, whether in prison or in the community, for the rest of their life. The maximum sentence is life imprisonment without the possibility of parole for 25 years, but this number can range from only a few years up to the maximum. There is no guarantee that parole will be granted if the National Parole Board determines that the offender still poses a risk to society. At the present time, the so-called Faint-Hope Clause, which specifies those serving a life term have a chance to apply for parole after 15 years, as opposed to the maximum of 25, is still in force. The " Faint Hope Clause " the popular name for Section 745 However, the new Conservative Government, elected to a minority in January 2006, has pledged to repeal the Faint-Hope Clause. Moreover, the courts may apply a dangerous offender designation, which is in fact an indeterminate sentence: no minimum and no maximum, but parole review occurs every 7 years. In Canada, England and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer or indefinite term of imprisonment Current sentencing guidelines, provided by the legislative leaders to judges of all levels on an annual basis, ensure that both a "life" sentence and the "dangerous offender" designation are very rarely used, even when the offender is found guilty for particularly grievous offences. Second degree murder carries a mandatory sentence of life imprisonment without parole for between 10 and 25 years; first degree murder carries a mandatory sentence of life imprisonment without parole for 25 years.

Mexico

Life imprisonment is defined as any long and determinate sentence ranging from 20 years up to a maximum of 40 years. The Mexican Supreme Court ruled in 2001 that life imprisonment without the possibility of parole is unconstitutional because it is cruel and unusual punishment, in violation of Article 18 of the Constitution of Mexico. The Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación or SCJN is the highest Federal court in the United Mexican States. The Political Constitution of the United Mexican States of 1917 is the present Constitution of Mexico. ^[6]

United States

Determinate and Indeterminate Life Sentence

Further information: Life Imprisonment without Parole (LWOP)

In contrast to that, there are also many states where a convict can be released on parole after a decade or more has passed. In the history of Life imprisonment or life incarceration, where all or most of a person's remaining life is spent imprisoned its purpose has chiefly been as For example, sentences of "15 years to life" or "25 years to life" may be given; this is called an "indeterminate life sentence", while a sentence of "life without the possibility of parole" is called a "determinate life sentence". 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. Amnesty (from the Greek amnestia, oblivion is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. 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. Events 800 - Charlemagne judges the accusations against Pope Leo III in the Vatican Year 1987 ( MCMLXXXVII) was a Common year starting on Thursday (link displays 1987 Gregorian calendar) The United States district courts are the general Trial courts of the United States federal court system. The President of the United States is the Head of state and Head of government of the United States and is the highest political official in United States by

Three Strikes Law

Further information: three-strikes law

Under some "three-strikes laws", a broad range of crimes, ranging from petty theft to murder, can serve as the triggering crime for a mandatory or discretionary life sentence in California. Notably, the U.S. Supreme Court on several occasions has upheld lengthy sentences for petty theft including life with the possibility of parole and 50 years to life, stating that neither sentence conflicted with the ban on "cruel and unusual punishment" in the Eighth Amendment to the United States Constitution. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. The Eighth Amendment ( Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791 ^[7]

Interpretation in Asia/Pacific

Australia

For serious crimes, the State Supreme Courts may sentence criminals to a life sentence, usually with a minimum term before parole is available. This is dependent on the individual states and territories. New South Wales follows the definition of 'life means life'^[8]—so the maximum sentence is life without parole in NSW. In Victoria a person can be given a life sentence with or without parole. A LWOP sentence was introduced to Victoria as a result of the Peter Dupas case. Peter Norris Dupas (b July 6, 1953) is an Australian Serial killer, currently serving three Life sentences for Murder Currently nine people are serving life without parole in Victoria. Hoddle St killer Julian Knight is serving life with a minimum of 27 years as Victoria had no LWOP sentence when he was sentenced and also the fact he was 19 at the time and therefore classed as a young offender. Julian Knight (born March 4, 1968) is the Mass murderer who on August 9 1987, shot dead 7 people and injured 19 Notorious prisoners such as Ivan Milat (New South Wales), Peter Dupas (Victoria) and Martin Bryant (Tasmania) are currently serving LWOP. Ivan Robert Marko Milat (born December 27, 1944 in Guildford New South Wales) is an Australian Serial killer, convicted of the murder Peter Norris Dupas (b July 6, 1953) is an Australian Serial killer, currently serving three Life sentences for Murder Martin John Bryant (born 7 May 1967) murdered 35 people and injured 19 others in the Port Arthur massacre, a killing spree in Tasmania The federal government only pursues cases involving life terms where the states cannot do so.

India

In India life imprisonment [umar quaid ( उम्र कैद )] used to be widely understood as one lasting 14 – 20 years. ^[9] However recent rulings by the Indian Supreme Court, on a case against Jahid Hussain in the state of West Bengal who held a life convict for a period of 21 years in prison, reaffirmed that life imprisonment should be treated as imprisonment of the convict for the remainder of his natural life ^[10][11] until the government exercises its discretion to reduce the life term of the convict considering his good behaviour. The Supreme Court of India is the highest court of the land as established by Part V Chapter IV of the Constitution of India. West Bengal ( Bengali: পশ্চিমবঙ্গ Poshchim Bônggo poʃtʃim bɔŋgo is a state in eastern India.

Indonesia

At least 5 years imprisonment, although it generally ranges from 10 to 20 years.

Japan

A life sentence (muki choueki) is the second most severe punishment available, second only to the death penalty. Consisting of life sentence with the option of parole, a prisoner given a life sentence must spend at least 10 years in prison before they may have a chance at parole. But over the years the time spent in prison has become longer, and in 2005 was about 27 years. In addition, all prisoners have served at least 20 years. ^[12][13] According to the survey by Center for Prisoners' Rights in Japan, in 2000 there were 2 prisoners who had served over 50 years without parole. ^[14] Ikuo Hayashi, Daisuke Mori and Hiroshi Ogawa are currently serving life imprisonment. is a former AUM Shinrikyo member indicted for participation in the Sarin gas attack on the Tokyo subway. is a Japanese nurse who was suspected as a medical Serial killer. is a former Japanese pitcher and murderer On November 18 2004 he murdered a 67-year-old woman Kazuko Nishiuchi Though Japan has the death penalty, incarceration in Japan is typically short. Even serious assault and rape convictions might result in a suspended sentence if it is the first offense. Similarly, even second-degree murder might be given only 5–7 years, usually paroled in 3–5 years if there was no previous conviction. The rate of re-offending for most released prisoners is low, and the popularity of the death sentence is generally attributed to retribution. Those who are against the death penalty are calling for alternative longer sentences, with more than 10 years before being able to get parole, or shushin kei (an actual life sentence with no possibility of parole). Most Japanese tend to recognize that "life sentence" indicates only "life sentence with no possibility of parole" so that many mistakenly believe that "muki-choeki" is not equivalent to "life sentence" and Japanese punitive law does not allow "life sentence" as other developed countries' do. Although "muki-choeki" in Japanese is often interpreted as "indefinite sentence", "muki-choeki" has legally the same meaning as "life sentence". The reasons why it is often wrongly interpreted are following. As a strange exception, upon the death of the emperor a life sentence is often reduced.

Malaysia

There are two types of life imprisonment in Malaysia – "imprisonment for life" and "imprisonment for natural life". For the biogeographical region see Malesia Malaysia (məˈleɪʒə or /məˈleɪziə/ is a country that consists of thirteen states and Imprisonment for life means imprisonment for 20 years with allowance for a one-third deduction for good behaviour. Imprisonment for natural life means imprisonment until death. In respect of a child guilty of a capital offence, a provision in the Child Act 2001 allows a child to be "detained at the pleasure of the [King]". Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. This contained no specific indication for the length of time the child is to be detained. Thus, in July 2007, the Court of Appeal ruled that such a sentence was unconstitutional. Malaysia is a Federation of thirteen states but judicial power in the federation is almost exclusively vested in a federal court system. ^[15] However, the Federal Court overturned the Court of Appeal decision in October 2007. Malaysia is a Federation of thirteen states but judicial power in the federation is almost exclusively vested in a federal court system. ^[16]

New Zealand

A life sentence is an indeterminate sentence given automatically for murder and treason, and is the maximum sentence for manslaughter and Class A drug-dealing. Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. In reality it is unheard of for a prisoner to die of old age in prison, as most are paroled. The default non-parole period for murder is 10 years, though in cases of particular violence the starting point is 17 years. The sentencing judge may demand a longer non-parole period, and as of 2006 the longest non-parole period handed down was 33 years, in 2003 to William Dwane Bell. William Dwane Bell (1978 is a convicted New Zealand murderer who is serving a 30 year non- Parole prison sentence at Paremoremo Prison, the longest non-parole

In the early hours of December 8, 2001, Bell entered the Panmure RSA clubrooms, where he had been fired from a job as a bartender three months earlier. After entering the building he brutally killed the club president, a club member and an employee. He also seriously injured another club employee. For committing the killings Bell was handed a 30 year non-parole prison sentence at Paremoremo Prison—the longest non-parole sentence ever passed in New Zealand. Bell was initially jailed for a minimum non-parole period of 33 years, which was reduced by three years on appeal.

New Zealand also has an indefinite sentence of preventive detention, which is handed out for crimes other than treason or murder/manslaughter. Preventive detention concerns Imprisonment either without justification (the prisoner is not told the grounds for the arrest or waiting for trial Traditionally handed down to repeat sexual offenders, in 2002 the criteria were extended to included serious recidivist offenders of a non-sexual, but violent, nature. Recidivism ( IPA: /ɹɪˈsɪdɪvɪzm̩/ From recidive + ism, from Latin recidīvus "recurring" from re- Preventive detention has a minimum non-parole period of five years, and the sentencing judge may extend this if they believe that the offender's history warrants it. Parole under New Zealand law is no longer automatic, and it is theoretically possible for defendants sentenced to life or to preventive detention to remain in prison for the rest of their natural life, though it remains rare.

Taiwan

Life imprisonment(無期徒刑 in Taiwanese) theoretically means imprisonment until the prisoner dies. After 25 years parole is possible.

Vietnam

Life imprisonment means, in principle, that the prisoner will spend the rest of their life in prison. However, after 20 to 30 years, they may be granted amnesty.

Interpretation in Africa

South Africa

Life sentence is mandatory for premeditated murder, gang rape, serial rape or if the rapist knew his HIV status to be positive. Premeditated murder is the Crime of wrongfully causing the death of another Human being (also known as Murder) after rationally considering the timing or See also Rape Rape can be categorized in different ways for example by reference to the situation in which it occurs by the identity or characteristics Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person Human immunodeficiency virus ( HIV) is a Lentivirus (a member of the Retrovirus family that can lead to acquired immunodeficiency syndrome Life sentence is also mandatory if the victim was under 18 or mentally disabled. In certain circumstances, robberies and hijackings also carry a mandatory life sentence. Robbery is the Crime of seizing Property through Violence or Intimidation. Hijacking means to take over by force. Hijacking may refer to In property: Aircraft hijacking or 'skyjacking'
But Section 51 of the Criminal Procedure Act 1977^[17] controls the minimum sentences for 'other' types of murders, rapes and robberies to 25, 15 and 10 years respectively, so parole is almost always granted to life sentences after the minimum sentence for the lesser crime has been served.

Notes

External links

• Life imprisonment in Australia
• Life imprisonment in Canada
• International perspectives on life imprisonment
• Life Sentenced Prisoners in United Kingdom from HM Prison Service
• Information from Liberty website regarding United Kingdom

Events 69 - Second Battle of Bedriacum, forces under Antonius Primus the commander of the Danube armies loyal to Vespasian, defeat Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century.

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