Life imprisonment in the United States
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012[update].[1]
American case law and penology literature divides life sentences into "determinate life sentences" or "indeterminate life sentences". The latter indicates the possibility of an abridged sentence, usually through the process of parole. For example, a sentence of "15 years to life" or "25 years to life" is called an "indeterminate life sentence", while a sentence of "life without the possibility of parole" or "life without parole" (LWOP) is called a "determinate life sentence".[2] West Virginia uses the unique terms "life with mercy" and "life without mercy", respectively, for these two categories.
The first category are "indeterminate" in that the true length of each prisoner's sentence is not determined up front by the sentencing court, but will depend upon when the prisoner can convince the state parole board of their rehabilitation after serving the minimum number of years provided for in the sentence. The second category are "determinate" in that it is expressly determined by the sentencing court up front that the prisoner will never have the chance to see the parole board. This means that criminals given a determinate life sentence will typically die in prison, without ever being released. If a life without parole sentence is imposed, executive branch government officials (usually the
Many U.S. states offer parole after a decade or more has passed, but in California, people sentenced to life imprisonment can normally apply for parole after seven years.[3] Florida leads the country with nearly one quarter of its LWOP prisoners, more than California, New York and Texas combined.[4]
History
In the 1860s, reformation became favored over penitence in American penology, with the role of prisons seen as reforming prisoners, who were imprisoned until reform was achieved. The concepts of parole and indeterminate sentencing were regarded as forward-looking in the 1870s. The initial concept of parole came from the idea that prisoners began their path to rehabilitation during their sentence, and their successful rehabilitation could be recognizable by a parole board.[5] The importance was placed on eradicating crime and having prisoners deemed ready to enter society as soon as possible. However, the ideals were not as successful as had been hoped. Crime was not eradicated, reformatories had the same problems as prisons on politicization and underfunding, and indeterminate sentencing became undermined by prisoners, who quickly found that it was possible to "beat the system" by pretense to get a better chance of winning parole. Many were soon back in custody. Similarly, prison authorities could twist it to their advantage by using those granted parole or probation to spy on and actively help to imprison other people, or sometimes by selectively denying parole.[6] However, the biggest cause of the reformatories' failure to live up to expectations was that despite the enthusiasm of reformers and Zebulon Brockway's call for an end to vengeance in criminal justice, those within the prison environment, both inmates and guards alike, continued to conceive of prison as a place of retribution.[7]
Schick's case and life imprisonment without parole
In 1954 (November 28), Master Sergeant Maurice L. Schick was convicted by military court-martial of the murder of nine-year-old Susan Rothschild at Camp Zama in Japan (Tokyo).[8] The soldier admitted the killing stating he had a sudden "uncontrollable urge to kill something quickly and quietly” and had chosen his victim "just because she was there."[9]
Schick was sentenced to death. Six years later, the case was forwarded to President
In 1971, Schick began a legal challenge against his whole life sentence. The appeal eventually reached the
Although Schick's sentence was given only cursory mention, the court concluded a whole life sentence was constitutional.[11] Schick, together with only five other federal prisoners who were still ineligible for parole at the time, was made eligible for parole by a separate pardon from President Gerald Ford in 1976 or 1977, and he may have died a free man in Palm Beach, Florida, in 2004.[12][13]
Despite the Schick opinion's lack of thorough analysis on life imprisonment without a chance of parole, an imposing amount of precedent has developed based upon it.[14] After Furman v. Georgia,[15] the constitutionality of life imprisonment without parole as an alternative to the death penalty received increased attention from lawmakers and judges.
Such penalties predate Schick.
Minors
A few countries worldwide have allowed for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without a possibility of parole for juveniles include Antigua and Barbuda, Cuba, Dominica, Israel, Nigeria, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, Tanzania and the United States. Of these, only the U.S. currently has minors serving such sentences. The University of San Francisco School of Law's Center for Law & Global Justice conducted international research on the use of the sentence of life without parole for juveniles, and has found no cases outside the U.S. in which the sentence is actually imposed on juveniles.[18] As of 2009, Human Rights Watch has calculated that there are 2,589[19] youth offenders serving life without parole in the U.S.[20]
In the U.S, juvenile offenders started to get life without parole sentences more frequently in the 1990s due to
In 2010, in the U.S. Supreme Court ruled that sentencing minors to automatic sentences of life without a chance of parole for crimes other than those involving a homicide (generally, first-degree murder, and usually with aggravating factors or accompanying felonies) violated the
- The International Covenant on Civil and Political Rights; the oversight Committee instructed the U.S. to: "ensure that no such child offender is sentenced to life without parole [and] adopt all appropriate measures to review the situation of persons already serving such sentences".
- The inhuman or degrading treatmentor punishment" for youth.
- The oversight body of the Committee on the Elimination of Racial Discrimination found that juvenile life without a chance of parole is applied disproportionately to black minors, and the U.S. has done nothing to reduce what has become pervasive discrimination. The Committee recommended that the U.S. discontinue the use of this sentence against persons under the age of eighteen at the time the offense was committed, and review the situation of persons already serving such sentences and in 2016, in the case of Montgomery v. Louisiana, the Supreme Court ruled that Miller v. Alabama was to be applied retroactively to offenders convicted before 2012.
The United Nations General Assembly has called upon governments to: "abolish by law, as soon as possible...life imprisonment without possibility of release for those below the age of 18 years at the time of the commission of the offense".
International standards of justice hold that a juvenile life imprisonment without a possibility of parole is not warranted under any circumstances because juvenile offenders lack the experience, education, intelligence and mental development of adults and must be given a reasonable opportunity to obtain release based on demonstrated maturity and rehabilitation.[27]
By May 2023, 28 states and the
Young adults
In January 2024, the Massachusetts Supreme Judicial Court ruled in Commonwealth vs. Sheldon Mattis[36] that life imprisonment without the possibility of parole for defendants under the age of 21 was prohibited cruel and unusual punishment under the Constitution of Massachusetts. This decision made Massachusetts the first U.S. state with such a rule.[37]
Use
Although sentences vary for each state, life imprisonment is generally mandatory for
In addition, the sentence of life imprisonment may also be given for "drug kingpins" and "habitual criminals". It has been applied in every state except Alaska, as well as in the federal courts.[39][40] In Alaska, the maximum term of imprisonment is for 99 years without parole, which is considered to be de facto life imprisonment without parole.[41]
Statistics
Over 200,000 people, or about 1 in 7 prisoners in the United States, were serving life or virtual life sentences in 2019. Over 50,000 prisoners are serving life without a chance of parole.[42] In 1993, the Times survey found, about 20 percent of all lifers had no chance of parole. By 2004, that had risen to 28 percent.[43]
As a result, the U.S. is currently housing by far the world's largest and most permanent population of prisoners who are guaranteed to die behind bars.[44] The next closest country was Kenya, with only about 3,700 prisoners serving life without parole as of 2016.[44] What is even more striking is that "life without parole is a standard element of American penal practice", arouses little controversy among the American public, and is widely taken for granted "as a matter of routine".[44] At the Louisiana State Penitentiary, for instance, more than 3,000 of the 5,100 prisoners are serving life with a chance of parole, and most of the remaining 2,100 are serving sentences so long that they cannot be completed in a typical lifetime. About 150 inmates have died there in the time period between the years of 2000 and 2005.[43] The United States holds 40% of the world's prisoners with life sentences, more than in any other country.[45]
Parole and nonviolent offenses
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. A life sentence from a
In the states of Illinois, Iowa, Louisiana, Maine, Pennsylvania, Nebraska and South Dakota, all life sentences are issued without the possibility of parole.
Over 3,200 people nationwide are serving life terms without a chance of parole for nonviolent offenses. Of those prisoners, 80 percent are behind bars for drug-related convictions: 65 percent are African-American, 18 percent are Latino, and 16 percent are white.
Three-strikes law
Under some controversial sentencing guidelines known as "three-strikes laws," existing both at state and federal level, a person who is convicted of an offense and who has one or two other previous serious convictions is to serve a mandatory or discretionary life sentence in prison, with or without parole depending on the jurisdiction. Notably, a broad range of crimes ranging from petty theft to murder could serve as the trigger for a mandatory or discretionary life sentence in California from 1994 to
Debates
Increased use of the life imprisonment sentence, especially life without parole, came in response to debates on capital punishment. In fact, many politicians, especially in the Democratic Party, expressed their emphasis on replacing the death penalty with life without parole.[49] Additionally, seeking the death penalty is more costly to the state and taxpayer than seeking life without parole.[50]
A common argument against life without parole is that it is equally as immoral as the death penalty, as it still sentences one to die in prison. Certain organizations and campaigns have been founded with a goal to work against life imprisonment and improve the rate of release. For example, the #DropLWOP campaign is dedicated to dropping the life without parole sentence and providing an automatic commutation and chance to see a parole board for all prisoners serving life sentences.[51]
Notable examples
- Umar Farouk Abdulmutallab – The "Underwear Bomber", explosives hidden in his underwear while on a flight.
- Robert Bales – Soldier convicted of murdering 16 civilians in Afghanistan, an event known as the Kandahar massacre. He was sentenced to life without parole after pleading guilty as part of a plea deal to avoid the death penalty.
- Robert Berdella – A serial killer who kidnapped, raped, tortured, and murdered at least six men.
- Harry "Taco" Bowman – Boss of the Outlaws Biker Gang, sentenced to prison for RICO charges, drug trafficking, bombing the Hells Angels Oakland and Ventura Clubhouse, gun laundering, and the attempted assassination of George Christie. Died in 2019 of liver cancer in a prison hospital at FMC Butner.
- Anthony "Gaspipe" Casso – Underboss of the Lucchese Crime Family, who murdered Frank DeCicco with a car bomb, and shot Roy DeMeo Vladimir Reznikov in 1983 and 1986. Died of COVID 19 in a prison hospital at FMC Butner in 2020.
- Mark David Chapman - Convicted of murdering musician John Lennon. Chapman, who was sentenced to 20 years to life, has repeatedly been denied parole.
- Nikolas Cruz – 19-year-old convicted murderer who received 34 life terms for a school shooting that killed 17 people and injured another 17.
- Wadih el-Hage – Member of Al-Qaeda, who blew up the US Embassies in Africa and for being Bin Laden's secretary.
- John Gotti – Boss of the New York City Gambino crime family. Died in the prison hospital at MCFP Springfield on June 10, 2002.
- Operation Black Swan.
- Robert Hanssen - Former FBI agent, who sold state secrets to the KGB, and The Kremlin. Died in his cell at Supermax in Florence, Colorado on June 5, 2023.
- Aaron Hernandez – Former NFL Player for the New England Patriots who was found guilty of first-degree murder. Died by suicide on April 19, 2017.
- 2012 Aurora, Colorado shooting.
- Lawrence Horn – Former record producer who contracted the killing of his ex-wife, his disabled son, and the son's nurse in an attempt to gain control of his son's $1.7 million trust fund.
- Warren Jeffs – Leader of the FLDS and convicted pedophile, who married child brides, raped two girls, and called himself Immanuel while he practiced polygamy.
- Ted Kaczynski – The Unabomber, whose homemade bombs killed 3 people and injured 23 others. Died by suicide on June 10, 2023.
- Samuel Little – A serial killer who murdered 50 women across several states.
- Jared Lee Loughner – A serial killer who planned and orchestrated the 2011 Tucson Shooting, which killed 6 people, injured 13, and lead to the attempted assassination of Gabby Giffords.
- Brian David Mitchell – The man who kidnapped Elizabeth Smart.
- Terry Nichols – Main accomplice to Timothy McVeigh in the Oklahoma City bombing in 1995.
- Richard Reid – The Shoe Bomber, threatened to blow up an airliner by placing C4 explosives in his shoes.
- Gary Ridgway – A serial killer who murdered 49 women in and around Seattle.
- Lawrence Rivera – Captured after a 9-year international manhunt and convicted for the murder of Kristina Garcia
- Eric Rudolph – 1996 Olympic bomber, who killed 4 and injured 111 others.
- Yolanda Saldívar – Convicted of murdering Tejano singer Selena on March 31, 1995. She was sentenced to 30 years to life in prison.
- Faisal Shahzad – The Times Square Bomber, who attempted to detonate a car bomb in Times Square.
- Ross Ulbricht – Creator and operator of Silk Road, an online black market; convicted of money laundering, computer hacking, and conspiracy to traffic narcotics.
- Tammy Daybell.
- Jesse Webster – In 1996, Webster was sentenced to life without parole for drug trafficking and tax fraud. He was pardoned by President Obama and released in 2016.
- Ramzi Yousef – Member of Al-Qaeda, who blew up the World Trade Center in 1993.
Minors
- Alex Baranyi and David Anderson - Murdered a family of four in January 1997.[52][53][54] They were both sentenced to life without parole. In 2022, Anderson's sentence was commuted to life with the possibility of parole after 33 years.[55]
- Scott Dyleski - Murderer of Daniel Horowitz wife Pamela Vitale.[56]
- Rod Ferrell - Cult leader and convicted of murder of two people he committed at age 16.[57]
- Bryan and David Freeman - Murdered their parents and younger brother.[58][59][60][61][62][63] In 2024, the brothers were resentenced to life with the possibility of parole after 60 years.[64]
- Terrance Graham - Convicted of a parole violation he committed at age 17.[65]
- Brett Jones - Murdered his grandfather at age 15.
- Alec Devon Kreider - Murdered his high school friend and his friend's parents.[66]
- Warren Harris - A serial killer who murdered four men in New Orleans' French Quarter from February to April 1977.[67]
- Joe Ligon - Convicted of participating in a stabbing spree at age 15 that resulted in one person being killed. After serving 60 years in prison, he was released in 2021.
- Nicholas Lindsey - Murdered a police officer.[68]
- Washington Metropolitan Area over a three-week period in October 2002.[69]
- Evan Miller - Convicted of a murder committed at age 14, which the United States Supreme Court ruled unconstitutional.[70]
- Henry Montgomery - Convicted of killing a police officer at age 17. In 2016, the Supreme Court ruled that retroactive life sentences were unconstitutional. In 2021, the 75-year-old Montgomery was released from prison.[71]
- Josh Phillips - Convicted of the murder of 8-year-old Maddie Clifton which he committed at age 14.[72]
- Courtney Schulhoff - Murdered her father in 2004 at age 16. In 2017, she was resentenced to 40 years in prison.[73]
- Christopher Simmons - Convicted of a murder committed at age 17 which resulted in end to Capital punishment for juveniles.
- Lionel Tate - Convicted of the murder of 6-year-old Tiffany Eunick which he committed at age 12, making him the youngest person in U.S. history to be sentenced to life without parole. His sentence was overturned in 2004.[74]
See also
- Whole life tariff, a determinate life sentence sometimes handed down under English criminal law
- Black site
References
- ^ "Life Goes On: The Historic Rise in Life Sentences in America". 2013-10-16. Archived from the original on 2013-10-18. Retrieved 2013-10-16.
- ^ In re Jeanice D., 28 Cal. 3d 210 (1980) ("25 years to life" is indeterminate life sentence implying that minor convicted of first-degree murder was eligible for commitment to the California Youth Authority, rather than determinate life sentence requiring incarceration in regular adult prison).
- ^ "Lifer Parole Process". Office of Victim and Survivor Rights and Services (OVSRS). Retrieved 2020-05-08.
- ^ "Two Strikes and You're in Prison Forever". 11 November 2021.
- ISSN 2572-4568.
- JSTOR 43496972.
- ^ A. E. Weiss, Prisons, A System in Trouble (1988), pp. 29–30.
- New York Times. November 28, 1953
- ^ Army Seargreant Confesses. November 28, 1953. San Francisco Examiner
- ^ Schick v. Reed, 419 U.S. 256 (1974).
- ^ J. H. Wright, Jr., "Life Without Parole: An Alternative to Death or Not Much of a Life At All?" 43 Vanderbilt Law Review 529, 535 (1990).
- ^ Craig S. Lerner. "Life without parole as a conflicted punishment" (PDF).
- ^ "Ford Opens Door for Parole Of Six Once Sentenced to Die for Killings in Military". Los Angeles Times. January 22, 1977.
- ^ Wright, supra, at p. 536.
- ^ 408 U.S. 238 (1972).
- ^ see Green v. Teets, 244 F2d 401 (9th Cir. 1957); United States v. Ragen, 146 F2d 349 (7th Cir.), cert denied, 325 U.S. 865 (1945); and State v. Dehler, 257 Minn. 549, 102 N.W.2d 696 (1960).
- ^ 18 How. 307 (1856).
- ^ See C. de la Vega & M. Leighton, Sentencing our Children to Die in Prison: Global Law and Practice, 42 U.S.F. Law Review 983, 989 (2008). The research was conducted in 2007, updated in 2008 to clarify that Tanzania, South Africa and Israel do not allow juvenile life without parole, and cited by the U.S. Supreme Court in 2010 in Graham v. Florida. The University of San Francisco Center for Law & Global Justice continues to monitor international juvenile sentencing laws and practices.
- ^ State Distribution of Youth Offenders Serving Juvenile Life Without a chance of Parole (JLWOP) Human Rights Watch, October 2, 2009.
- ^ "The Rest of Their Lives: Life without Parole for Child Offenders in the United States", Human Rights Watch, May 1, 2008
- ^ Boghani, Priyanka. "They Were Sentenced as "Superpredators." Who Were They Really?". PBS Frontline. Retrieved 22 March 2020.
- ^ Templeton, Robin (1 January 1998). "Superscapegoating". FAIR. Retrieved 22 March 2020.
- ^ Taylor-Thompson, Kim (November 20, 2020). "Op-Ed: Why America is still living with the damage done by the 'superpredator' lie". The Los Angeles Times. The Associated Press.
- ^ Bogert, Carroll (November 20, 2020). "Analysis: How the media created a 'superpredator' myth that harmed a generation of Black youth". NBC News. U.S. News.
- ^ Graham v. Florida, 130 S. Ct. 2011 (2010).
- ^ Graham v. Florida, supra, 130 S. Ct. at 2034 (concluding that juvenile life without parole is unconstitutional for non-homicide crimes).
- ^ International law and practice clearly reflect the sentiments of the Graham court regarding juveniles. Graham v. Florida, supra, 130 S. Ct. at 2030.
- ^ "States That Banned Life Without Parole for juvenile Offenders". The Campaign for the fair sentencing of youth. 25 August 2015.
- ^ "Maryland Bans Life Without Parole for Children". Equal Justice Initiative. March 12, 2021.
- ^ "Illinois minors can no longer be sentenced to life without parole". 13 February 2023.
- ^ "Illinois governor signs House bills, abolishes life without parole for those under 21". 10 February 2023.
- ^ Kaanita, Iyer; Rose, Andy (18 March 2023). "New Mexico governor signs bill ending juvenile life sentences without parole | CNN Politics". CNN. Retrieved 27 April 2023.
- ^ "Governor signs bill ending juvenile life sentences in New Mexico - Albuquerque Journal". 17 March 2023.
- ^ Urell, Aaryn (May 19, 2023). "Minnesota Abolishes Juvenile Life-Without-Parole Sentences". Equal Justice Initiative.
- ^ "Minnesota bans juvenile life without parole - Campaign for the Fair Sentencing of Youth | CFSY %". 19 May 2023.
- ^ Commonwealth vs. Sheldon Mattis, SJC-11693, January 11, 2024
- ^ Tori Bedford (January 11, 2024). "Mass high court bans 'life without parole' for people under 21, a first in the nation". GBH.
- ^ "Nebraska Legislature".
- ^ Wright, supra, at p. 559.
- ^ Life Without Parole Death Penalty Information Center
- ^ "Opinion | the Misuse of Life Without Parole". The New York Times. 13 September 2011.
- ^ "THE FACTS OF LIFE SENTENCES" (PDF). The Sentencing Project. 2018.
- ^ a b Liptak, Adam (2 October 2005). "To More Inmates, Life Term Means Dying Behind Bars". New York Times.
- ^ ISBN 9780520977020. Retrieved December 16, 2023.
- S2CID 208689254.
- ^ "A Living Death: Life without Parole for Nonviolent Offenses". American Civil Liberties Union. June 6, 2018.
- ^ "Jailed for Life for Stealing a $159 Jacket? 3,200 Serving Life Without Parole for Nonviolent Crimes". Democracy Now!. November 15, 2013. Retrieved November 20, 2019.
- ^ See Rummel v. Estelle, 445 U.S. 263 (1980) (upholding life sentence for fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses) and Lockyer v. Andrade, 538 U.S. 63 (2003) (upholding sentence of 50 years to life for stealing videotapes on two occasions after three prior offenses)
- ^ "A voter's guide to Capital Punishment / Death Penalty: Compare where all the 2020 candidates stand". politico.com. 5 March 2020. Retrieved 2020-04-27.
- ^ "Costs". Death Penalty Information Center. Retrieved 2020-04-27.
- ^ "drop lwop". drop lwop. Retrieved 2020-04-26.
- ^ Maria Eftimiades, Susan Christian Goulding, Anthony Duignan-Cabrera, Don Campbell, Jane Sim Podesta (June 23, 1997). "Why Are Kids Killing?". People. Retrieved 25 January 2016.
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- "Local News – Slaying Suspect's State Called 'Clearly Impaired'". The Seattle Times. July 9, 1998. Retrieved 25 January 2016. - ^ Ian Ith (December 18, 1999). "Anderson Is Guilty Of Murder In 2Nd Trial – 4 Bellevue Slayings 'Difficult To Believe'". The Seattle Times. Retrieved January 25, 2016.
- ^ Boynton, Gary (October 14, 2009). "Gothic Murders". Crime Magazine. Retrieved November 22, 2016.
- ^ "1 of 2 teens who killed Bellevue family in 1997 resentenced, given chance for 'meaningful life' outside prison". 14 March 2022.
- ^ Gartrell, Nate (30 August 2018). "Notorious East Bay murderer becomes eligible for parole". East Bay Times. Retrieved 14 July 2019.
- ^ "'Vampire cult' killer's trial featured on Court TV". 30 January 2021.
- ^ "Bryan Freeman, one of the 'Berserker' brothers, gets new sentencing date". The Morning Call. June 1, 2016.
- ^ "Trial Drove Families Apart Verdict Doesn't End Families' Grief, Questions". The Morning Call. April 27, 1996.
- ^ "Conversation with convicted killer Bryan Freeman". One News Page. February 24, 2015.
- ^ "Neo-Nazi Brother to Get New Sentence in Parents' 1995 Killings". NBC Philadelphia. March 15, 2016.
- ^ "Blood Brothers: The despicable bond between Bryan and David Freeman". The Lineup.
- ^ IMDb (May 12, 2014). "Killer Kids: Allentown Massacre & the Copycat". LMN.
- ^ Sheehan, Daniel Patrick (February 21, 2024). "Freeman brothers, who murdered their family nearly 30 years ago, get chance at parole in new sentences". The Morning Call. Archived from the original on February 24, 2024. Retrieved February 22, 2024.
- ^ "Sentenced to Life Without Parole as a Juvenile: Terrence Graham | Age 30". 5 October 2017.
- ^ Writer, JONAS FORTUNE | Staff (January 23, 2017). "Alec Kreider commits suicide in prison, was serving 3 life terms for brutal Manheim Township killings". LancasterOnline.
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: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - ^ "Warren Harris". The Daily Review. 18 November 1977. p. 12.
- ^ "Convicted cop killer Nicholas Lindsey re-sentenced to life with review in 25 years". 27 January 2017.
- ^ "Documentary Series Revisits 2002 DC Sniper Case". 5 May 2021.
- Associated Press News. 16 June 2021.
- Associated Press News. 17 November 2021.
- ^ "Judge decides life sentence is warranted for Joshua Phillips in Maddie Clifton's shocking death". The Florida Times-Union.
- ^ "Altamonte Springs teenage murderer resentenced to 40 years". March 30, 2017.
- ^ "Lionel Tate Gets 30 Years in Jail". CBS News. 18 May 2006.