The Rise of Life Imprisonment

Abstract

This chapter examines the rise of life imprisonment as the ultimate penalty and the legal framework and procedures in place for the imposition of the life sentence. In Ireland, the transition from capital punishment to life imprisonment follows along the trajectory of many other European countries but there are distinctions that can be drawn in terms of its use as a sanction. The vast majority of those serving life sentences have been convicted of murder and have a life sentence mandatorily imposed at sentencing as a result of legislative provision. There is no statutory minimum term or tariff imposed at sentencing and the role of the judge is limited to the imposition of the mandatory sentence. Thus a key factor influencing the dramatic rise in the life sentence prisoner population relates to the mandatory nature of life imprisonment for murder. Although a life sentence may be imposed for a range of other offences this remains exceptional in the Irish context.