Author : Dirk Van Zyl Smit
Publisher : Brill - Nijhoff
Page : 240 pages
File Size : 13,88 MB
Release : 2002
Category : Law
ISBN : 9789041117724
CHAPTER 4 - GERMANY
Author : Kenneth G. Zysk
Publisher : BRILL
Page : 252 pages
File Size : 30,34 MB
Release : 2002-04-01
Category : Law
ISBN : 9047403096
Life imprisonment is a complex and drastic penal sanction. It gives the State the power to curtail the liberty of offenders for the rest of their lives. In many jurisdictions life imprisonment is the ultimate sanction for the most serious crimes. It is frequently touted as an alternative to the death penalty. At the same time, life imprisonment is often imposed as a preventive measure, where the offence alone does not justify using the ultimate sanction in the penal arsenal. The complexity of life imprisonment is frequently overlooked. Often it is assumed that it is not as drastic as it sounds, as it will not be enforced for the whole life of the offender. There may also be a reluctance to subject life imprisonment to close scrutiny, lest its perceived suitability as an alternative to the death penalty be undermined. This book tackles the complexity of life imprisonment head on by describing how various forms of it are imposed and implemented in the United States of America, in England and Wales and in Germany, as well as in the emerging international system of criminal justice. From this basis it examines the justifications advanced for life imprisonment and the modifications that have resulted in individual jurisdictions in response to criticisms of its imposition and implementation. At the same time, the book develops a more general critique of life imprisonment. It evaluates it against constitutional human rights standards that have been developed in many jurisdictions to judge the acceptability of punishment generally. It concludes that some current practices in both the imposition and implementation of life imprisonment clearly are fundamentally unacceptable, but that questions remain, even about carefully implemented life sentences imposed for the most serious crimes. The jurisprudential analysis provides the basis for a major re-evaluation of life imprisonment and raises doubts about the unquestioning acceptance of this ultimate penalty.
Author : Dirk Van Zyl Smit
Publisher : Harvard University Press
Page : 465 pages
File Size : 21,87 MB
Release : 2019-01-14
Category : Law
ISBN : 0674989112
Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Author : Marc Mauer
Publisher : The New Press
Page : 154 pages
File Size : 31,36 MB
Release : 2018-12-11
Category : Law
ISBN : 162097410X
"I can think of no authors more qualified to research the complex impact of life sentences than Marc Mauer and Ashley Nellis. They have the expertise to track down the information that all citizens need to know and the skills to translate that research into accessible and powerful prose." —Heather Ann Thompson, author of the Pulitzer Prize–winning Blood in the Water From the author of the classic Race to Incarcerate, a forceful and necessary argument for eliminating life sentences, including profiles of six people directly impacted by life sentences by formerly incarcerated author Kerry Myers Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms. Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people "age out" of crime—meaning that we're spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments. A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former "lifer" and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.
Author : Ben Crewe
Publisher : Springer Nature
Page : 354 pages
File Size : 34,6 MB
Release : 2019-12-20
Category : Social Science
ISBN : 1137566019
This book analyses the experiences of prisoners in England & Wales sentenced when relatively young to very long life sentences (with minimum terms of fifteen years or more). Based on a major study, including almost 150 interviews with men and women at various sentence stages and over 300 surveys, it explores the ways in which long-term prisoners respond to their convictions, adapt to the various challenges that they encounter and re-construct their lives within and beyond the prison. Focussing on such matters as personal identity, relationships with family and friends, and the management of time, the book argues that long-term imprisonment entails a profound confrontation with the self. It provides detailed insight into how such prisoners deal with the everyday burdens of their situation, feelings of injustice, anger and shame, and the need to find some sense of hope, control and meaning in their lives. In doing so, it exposes the nature and consequences of the life-changing terms of imprisonment that have become increasingly common in recent years.
Author : Dirk Van Zyl Smit
Publisher : Harvard University Press
Page : 465 pages
File Size : 28,52 MB
Release : 2019-01-14
Category : Law
ISBN : 0674980662
Life imprisonment has replaced capital punishment as the most common sentence imposed for heinous crimes worldwide. As a consequence, it has become the leading issue in international criminal justice reform. In the first global survey of prisoners serving life terms, Dirk van Zyl Smit and Catherine Appleton argue for a human rights–based reappraisal of this exceptionally harsh punishment. The authors estimate that nearly half a million people face life behind bars, and the number is growing as jurisdictions both abolish death sentences and impose life sentences more freely for crimes that would never have attracted capital punishment. Life Imprisonment explores this trend through systematic data collection and legal analysis, persuasively illustrated by detailed maps, charts, tables, and comprehensive statistical appendices. The central question—can life sentences be just?—is straightforward, but the answer is complicated by the vast range of penal practices that fall under the umbrella of life imprisonment. Van Zyl Smit and Appleton contend that life imprisonment without possibility of parole can never be just. While they have some sympathy for the jurisprudence of the European Court of Human Rights, they conclude that life imprisonment, in many of the ways it is implemented worldwide, infringes on the requirements of justice. They also examine the outliers—states that have no life imprisonment—to highlight the possibility of abolishing life sentences entirely. Life Imprisonment is an incomparable resource for lawyers, lawmakers, criminologists, policy scholars, and penal-reform advocates concerned with balancing justice and public safety.
Author : Catherine Appleton
Publisher : OUP UK
Page : 278 pages
File Size : 45,21 MB
Release : 2010-07-08
Category : Law
ISBN : 0199582718
One of the most contentious and sensitive topics in criminal justice, Life after Life Imprisonment looks at the release and resettlement of life-sentenced offenders in England and Wales - where there are very few prisoners in the system for whom 'life' means life. By providing an in-depth analysis of the post-prison experiences of 138 discretionary life-sentenced offenders, all of whom released during the mid-1990s, this book looks at the reality facing Lifers as they are released at some time during their sentences, usually on very long licences, to be closely monitored and supervised by probation officers. Using accessible and comprehensive data, it examines key legal developments within the criminal justice system for discretionary life-sentenced offenders, explores the frontline experiences of the probation officers charged with supervising life-sentenced offenders, and analyses the 'stories' or life narratives of a group of individuals who have committed some of the most serious crimes. It also examines the process of recall for life-sentenced prisoners and explores key factors associated with failure in the community. Of interest to legal scholars and criminologists, as well as practitioners in the field, Catherine Appleton's book offers a major insight into how societies respond to serious crime and identifies important elements of successful reintegration for released life-sentenced offenders.
Author : Christopher Seeds
Publisher : Univ of California Press
Page : 287 pages
File Size : 49,63 MB
Release : 2022-07-19
Category : Law
ISBN : 0520379977
"In recent decades, life imprisonment without the possibility of parole (LWOP) has developed into a distinctive penal form in the United States, one firmly entrenched in US policy-making, judicial and prosecutorial decision-making, correctional practice, and public discourse. LWOP is now a routine part of contemporary US criminal justice, even engrained in the nation's cultural imaginary, but how it came to be so remains in question. Fifty years ago, imprisoning a person until death was an extraordinary sentence; today, it accounts for an increasing percentage of all US prisoners. What explains the shifts in penal practice and the social imagination by which we have become accustomed to imprisoning individuals until death without any reevaluation or reasonable expectation of release? Combining a wide historical lens with detailed state- and institutional-level research, Death by Prison offers a provocative new foundation for questioning this deeply problematic practice that has escaped close scrutiny for too long. The rise of life without parole, this book demonstrates, is not simply a matter of growth: it is a phenomenon of change, inclusive of changes in definitions, practices, and meanings. Death by Prison shows that the complex processes by which life without parole became imprisonment until death and perpetual confinement became a routine part of American punishment must be understood not only in terms of punitive attitudes and political efforts but as a matter of background conditions and transformations in penal institutions. The book also reveals how the social and sociological relevance of life without parole extends beyond its punitive element: imbued in the history of life without parole are a variety of forms of disregard--for human dignity, for social consequences, and for the myriad responsibilities that go along with state punishment"--
Author : Charles J. Ogletree
Publisher : NYU Press
Page : 344 pages
File Size : 10,28 MB
Release : 2012-06-04
Category : Social Science
ISBN : 0814762484
Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.
Author : Dirk van Zyl Smit
Publisher : Bloomsbury Publishing
Page : 539 pages
File Size : 26,89 MB
Release : 2016-12-01
Category : Social Science
ISBN : 1509902228
In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights.
