Abstract
In the first part of our study (Serial Killers on the Other Side of the Bars: “Bestial Humans—Human Beasts”) we focused on the crimes committed by serial murderers, identified alternatives of classification and analysed their behavior within the prison walls. In the upcoming part, we will investigate international and domestic experiences related to the use of life without parole; review the way of life of those who have been sentenced to “life until death”; examine the punishment’s mechanics and impact and finally conduct an analysis of the present form of the notion “not allowing them to live, not letting them die”. The basis for this inquiry is the fact that currently, 67% of the serial killers serve a sentence of life without parole. [In Hungary, the practice of sentencing convicts to life without parole is regulated by the Criminal Code. In its principle, this form of punishment means that those who receive this sentence will never be released on parole (42. §). Article 46/A‒B of the Prison Code; however, it also introduces a mandatory clemency procedure for those who are serving a life sentence without parole. This procedure may be initiated after 40 years served.] Furthermore, we also endeavour to collect the characteristics of this sanction, evaluate related professional opinions and put forth a suggestion for an amendment, as well.
Highlights
In the first part of our study (Serial Killers on the Other Side of the Bars: “Bestial Humans—Human Beasts”) we focused on the crimes committed by serial murderers, identified alternatives of classification and analysed their behavior within the prison walls
The legislators—seeking to provide a response to criminal offences while closing the gap that was apparent between determinedlength sentences, life sentences with the possibility of parole and death penalty—introduced the sentence of life without parole where the conditional release is not an option.” [1: 217] Polt takes a more straightforward approach and states that “life sentence without providing the possibility of parole is an adequate substitution to death penalty, as the perpetrators are removed once and for all from society with no practical chance to earn their way back to it.” [2: 29]
The Committee for the Prevention of Torture (CPT)—based on their analyses of 2015—emphasizes that “the experience in various European countries has shown that life-sentenced prisoners are not necessarily more dangerous than other prisoners.” [3: 36]
Summary
Analysing this question as a whole is beyond the reach of our current paper, we still consider it indispensable to briefly investigate the issue. We would like to point out the fact that we were unable to find genuine academic studies or arguments for the supposed dissuasive effect of death penalty, which was the most serious form of punishment before the era of life without parole Due to this reason, our approach is ceptical. In order to obtain sufficient evidence, it has to be proven that during the perpetration of a crime, the criminals are aware of the severity of the sentence that would be imposed upon them, and no other reason but this severity itself is the factor that deters them from committing the crime It seems that there is a connection between the certainty of the punishment and the ration of criminality; this link is a lot weaker when it comes to their severity. We endorse his conclusion without reserve: “no repressive cycles have ever reduced criminality, but all of them had a significant negative impact on the prison service’s chances in the successful reintegration of prisoners.” [10: 121]
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