Have you ever wondered what a life sentence actually entails? 

Is the life sentence period subjective? 

Well, a life sentence is a form of imprisonment where the accusing is generally legal and bound to serve a sentence for as long as he is alive. 

Life sentences in the United States are subject to the federal laws of the state. That law is governing the mechanisms of the sentence. In most cases, a life sentence consists of the maximum punishment term that the law of the land permits.

The United States judiciary considers the prison sentence as the period proportionate to the crime’s kind and magnitude. Today, one in every four prisoners is serving a life sentence raising the number to an all-time high.

So when was life imprisonment accepted as one of the most common forms of punishment in the US?

In the case of Furman v. Georgia (1972), the death penalty was invalidated by the United States Supreme Court, making life imprisonment the most grievous punishment in the land. 

Most states which are already honoring the decision and incorporating the judgment by abolishing death penalties which have resorted to life sentences. Often with parole being out of consideration when the offenses are cognizable.

All of the states in the USA are in favor of life sentences with and without parole, except for Alaska, which has a provision for a 99-year sentence.

Types of life sentences exist in US judicial system

There are two types of life sentences according to the US Constitution, 

Life Sentences without the possibility of parole:

Life without the possibility of parole, commonly known as LWOP. This is the condition where a convicted felon is to serve a whole life sentence without the possibility of releasing on the grounds of parole. 

Where is LWOP applicable?

LWOP is applicable under laws prevalent in California, Indiana, Arizona, Arkansas, Florida. And the rest of the other eleven states are banned the death penalty on the grounds of human rights violations in the year 2011. 

What are the offenses that lead to life sentences without parole in the US? 

Such punishment is generally grant by the honorable court when the offense committing of a homicidal nature. For example, in case of first-degree murder (Penal Code sec. 187, 190), rape, sex crimes, and other violations of cognizable nature. 

In Graham v. Florida, it was held by the Supreme Court of the United States that any minor can also be the subjected to a life sentence without parole. When the committed crimes were non-homicidal.

However, there are a few instances where convicts serve life sentences without parole for non-homicide crimes. Still, these cases are increasingly the looking into since they could perceive as human rights violations.

In the case of State v. Jason Means, Means was later grant from the parole after careful consideration by the District Court in Scott County, Iowa.

How long does a Life sentence without the possibility of parole last?

An LWOP lasts for the rest of the accused’s life. Until he meets his natural death. 

However, a life sentence with the possibility of parole is allocate for the term of 15 years. In this case the accused person can also eligible for parole on the grounds of good behavior.

Is a Life sentence without parole (LWOP) reversible?

What remedies are available to a prisoner sentenced to life without parole?

LWOP is, however, not a one-way street. There are loopholes and provisions of the law. That may alter sentences post-conviction. For instance, one may make appeals to the Governor of the state, asking for clemency. One may file for a direct appeal.

He may apply for judicial review, and he may also resort to the writ of Habeas Corpus in case he feels he is being unlawful detention. Which you can see in the case of Clark (1993). 

How does Life sentence without parole differ from the other forms of punishment?

LWOP largely different from life with the possibility of parole sentences and determinate sentences (which lay down a particular period during serving sentences). And indeterminate the sentences (which state a range of time that the sentence shall be referred to), as LWOP confirms that the prisoner is not qualify the releasing state until they meet their natural death. 

Life with the possibility of parole:

In such cases, a person sentenced to “15 years to life” often holding the releasing grounds under the supervise conditions. Such claims only occur when all the criteria after the parole fulfilling. 

Life sentences with parole are awarded in cases of non-cognizable offenses. Here the offenses are also committing and result under the homicide or other heinous crimes.

What are the requisites for granting parole on a life sentence in the US?

 “Detailed psychological evaluations, counseling session reports, behavior while in prison, vocational and educational accomplishments in prison, involvement in self-help therapy programs ranging from anti-addiction programs, parole plans, including where an inmate would live and support themselves if they after their releasing” are all considering before the granting of the parole. 

If under any circumstance, a person has the possibility of posing a threat to public safety once they are released. The parole can cancel even if the conditions are already fulfilled. This is according to the California Supreme Court in 2005. 

A sentence granting parole can also be subject to judicial review, ensuring the system of checks and balances. This makes sure that judicial activism never takes the back seat. 

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Human Rights Perspective: The Current Scenario on Life Sentences in The US

The inconspicuous and evident usage of Life Sentences in the US shows a stark difference from the rest of the world. 

Roughly 12,000 people Number of people get the life sentences for the committed crimes as juveniles, of which nearly 3000 are without parole. The magnitude of life sentences has seen no decrease, and amendments to the respective legislations have been absent in the past decade. 

Pathetic health practices, lack of proper medical care, and a complete disregard for the reformation theory of punishments make life sentences a blatant violation of human rights. 

One study is also suggesting that long prison sentences without parole have led to the deteriorating mental health of individuals and have not made much progress in deterring crimes.

“LWOP, which has already equal to a “living death” (Cockburn, 2009) or “death-in-prison” sentence (Henry, 2012), as it shares many similarities with capital punishment- both are uniquely punitive and degrading, deny the basic humanity of the offender, have been outlawed in most Western nations, and signal a “finality in spite of the possibility of change.”

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And It’s A Wrap!

The increasing number of life imprisonment has successfully served as a deterrent against cognizable and grave crimes in some of the most populous states of the US, including California and Texas, with a few other factors swaying the crime rates(education, economy, proper policing, etc.)

Thus, Life sentences in the US remain a debatable piece of legislation to date. Meanwhile, let us know what you think in the comments below.