Author : Dirk Van Zyl Smit
Publisher : Brill - Nijhoff
Page : 240 pages
File Size : 20,61 MB
Release : 2002
Category : Law
ISBN : 9789041117724
CHAPTER 4 - GERMANY
Author : Kenneth G. Zysk
Publisher : BRILL
Page : 252 pages
File Size : 47,32 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 : 48,23 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 : Christopher Seeds
Publisher : Univ of California Press
Page : 287 pages
File Size : 46,56 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 : Dirk van Zyl Smit
Publisher : Springer Nature
Page : 366 pages
File Size : 11,28 MB
Release : 2022-11-30
Category : Social Science
ISBN : 9811946647
Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond.
Author : Peter Hodgkinson
Publisher : Routledge
Page : 361 pages
File Size : 24,71 MB
Release : 2016-12-05
Category : Social Science
ISBN : 135188753X
This volume provides up-to-date and nuanced analysis across a wide spectrum of capital punishment issues. The essays move beyond the conventional legal approach and propose fresh perspectives, including a unique critique of the abolition sector. Written by a range of leading experts with diverse geographical, methodological and conceptual approaches, the essays in this volume challenge received wisdom and embrace a holistic understanding of capital punishment based on practical experience and empirical data. This collection is indispensable reading for anyone seeking a comprehensive and detailed understanding of the complexity of the death penalty discourse.
Author : Dirk van Zyl Smit
Publisher : Bloomsbury Publishing
Page : 539 pages
File Size : 15,52 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.
Author : Catherine Appleton
Publisher : OUP UK
Page : 278 pages
File Size : 31,87 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 : Noah Berlatsky
Publisher : Greenhaven Publishing LLC
Page : 239 pages
File Size : 43,87 MB
Release : 2010-03-26
Category : Young Adult Nonfiction
ISBN : 073774717X
This book explores the main purposes of imprisonment around the world, including punishment, deterrence, rehabilitation, and public safety. It looks at the role of sentencing: Do life sentences violate human rights? How are juvenile offenders treated? Are mandatory sentences effective? Readers will examine the treatment of prisoners and prison conditions like overcrowding, gang activity, sexual abuse and disease, as well as the unique plight of political and religious prisoners. Essay sources include the Council of Europe, Catholic Bishops of New Zealand, House of Commons Home Affairs Committee, Just Detention International, and Human Rights Watch.
Author : Dirk Van Zyl Smit
Publisher :
Page : 240 pages
File Size : 39,92 MB
Release : 2002
Category : Criminal justice, Administration of
ISBN :
