Life Sentence Research Articles

Punishment after Life: How Attitudes about Longer-than-Life Sentences Expose the Rules of Retribution.

Prison sentences that exceed the natural lifespan present a puzzle because they have no more power to deter or incapacitate than a single life sentence. In three survey experiments, we tested the extent to which participants support these longer-than-life sentences under different decision contexts. In Experiment 1, 130 undergraduates made hypothetical prison sentence-length recommendations for a serious criminal offender, warranting two sentences to be served either concurrently or consecutively. Using a nationally representative sample (N = 182) and an undergraduate pilot sample (N = 260), participants in Experiments 2 and 3 voted on a hypothetical ballot measure to either allow or prohibit the use of consecutive life sentences. Results from all experiments revealed that, compared to concurrent life sentences participants supported the use of consecutive life sentences for serious offenders. In addition, they adjusted these posthumous years in response to mitigating factors in a manner that was indistinguishable from ordinary sentences (Experiment 1), and their support for consecutive life sentencing policies persisted, regardless of the default choice and whether the policy was costly to implement (Experiments 2 and 3). These judgment patterns were most consistent with retributive punishment heuristics and have implications for sentencing policy and for theories of punishment behavior.

Addressing trauma, post-traumatic stress disorder, and post-traumatic growth in breast cancer patients.

Breast cancer (BC) is a common cancer among females in Africa. Being infected with BC in Africa seems like a life sentence and brings devastating experiences to patients and households. As a result, BC is comorbid with trauma, post-traumatic stress disorder (PTSD), and post-traumatic growth (PTG). To identify empirical evidence from peer-reviewed articles on the comorbidity trajectories between BC and trauma, BC and PTSD, and BC and PTG. This review adhered to the PRISMA guidelines of conducting a systematic review. Literature searches of the National Library of Medicine, Scopus, PubMed, Google Scholar, and Scopus databases were conducted using search terms developed for the study. The search hint yielded 769 results, which were screened based on inclusion and exclusion criteria. At the end of the screening, 24 articles were included in the systematic review. BC patients suffered trauma and PTSD during the diagnosis and treatment stages. These traumatic events include painful experiences during and after diagnosis, psychological distress, depression, and cultural stigma against BC patients. PTSD occurrence among BC patients varies across African countries, as this review disclosed: 90% was reported in Kenya, 80% was reported in Zimbabwe, and 46% was reported in Nigeria. The severity of PTSD among BC patients in Africa was based on the test results communicated to the patients. Furthermore, this review revealed that BC patients experience PTG, which involves losing, regaining, and surrendering final control over the body, rebuilding a personified identity, and newfound appreciation for the body. Patients with BC undergo numerous traumatic experiences during their diagnosis and treatment. Psychological interventions are needed in SSA to mitigate trauma and PTSD, as well as promote PTG.

Life imprisonment in Poland: Issues and Challenges

Purpose of the study: The purpose of this article is to analyze recent legislative changes to life imprisonment in Poland and to examine the consequences of introducing an absolute form of this penalty, called “an absolute life sentence”. Methodology: This paper combines two methods: a comparison of legal documents and legal writers' thoughts and author observation of this phenomenon. Main findings of the study: The main conclusion is that the changes introduced by the legislator concerning life imprisonment —specifically, the court discretion to optionally impose a parole ban under two circumstances— may not result in positive effects for crime deterrence. Consequently, this could worsen the already challenging task of educational rehabilitation efforts with the population of life prisoners. The Polish penitentiary system will face challenges related to ageing prisoners serving life sentences without parole and the natural consequences of this issue. Furthermore, the recent changes could make it difficult for Poland to cooperate on criminal law matters with countries that consider 'absolute life imprisonment' to be inhumane. Application of the study: The presented research relates to various scientific fields, e.g. criminal law, executive penal law and sociology. Originality/Novelty of the study: This problem is still a current matter. Life imprisonment is a relatively new punishment in Poland, and the Polish penitentiary system continues to look for new ways and methods for dealing with group of life-sentenced prisoners. As a result of the latest amendment, the Polish prison administration will once again face the challenge of implementing completely new severe penalty which is a life imprisonment.

Rahile Dawut: A Lifetime Passion That Ended with a Life Sentence

Rahile Dawut: A Lifetime Passion That Ended with a Life Sentence

Perceptions of Social Capital Before and After the Perpetration of Femicide, Homicide, and Other Serious Crimes: Evidence from Argentina.

Over the past two decades, femicide-the gender-based killing of women or girls-has become an issue of international concern. Yet relatively little data on perpetrators exist. Current research primarily focuses on individual risk factors with less attention on community and societal factors. We use a social capital approach to examine femicide by analyzing the extent to which crime perpetrators experience and perceive social punishment (exclusion) from their social networks. Using a quota sampling strategy, we administered a cross-sectional questionnaire to perpetrators of femicide (N = 71), male-male homicide (N = 73), and other serious crimes (N = 64) across four prisons in Buenos Aires, Argentina. Other crime perpetrators served as a control to the two lethal crime groups. Perceived social capital scores were assigned based on responses to two scales adapted from the World Bank's "Integrated Questionnaire for the Measurement of Social Capital." Before committing murder, femicide and homicide perpetrators' scores were not statistically different. Yet after the crime, femicide perpetrators retained significantly greater scores than homicide perpetrators. The perceived social capital scores of other crime perpetrators did not change after the commission of their crimes. As a secondary objective, we examined the individual and social contexts of femicide perpetrators. Most (85%) of the femicide perpetrators could name at least one other person in their social network whom they knew to be physically violent during disagreements with their partner, while 11% stated that "everyone" they knew used violence during disagreements. Although the penalty for committing femicide and homicide is ostensibly equivalent-a life sentence of 50 years-we found that the informal social punishment femicide perpetrators perceived is less severe than that experienced by homicide perpetrators. These data indicate a lack of social punishment for femicide, compared to other crimes, showing social legitimization of the crime. These findings support the development of community-level interventions to prevent femicide.

Death Rehearsal

ABSTRACT Living is dying, an unscripted, unconscious rehearsal for the premiere of death—one show only for each individual serving the life sentence, cyclical reruns for collective humanity. Given our life as death rehearsal, we ought to hazard a ‘death’ gaze on life, a gaze at the world of the living, from the cavernous skull, framed by the twin sockets and the toothy grin. Utopian perhaps since death's point of view can only be imagined rather than acquired, this is, however, no different from any other perspective in fiction or scholarship. Wondering how to speak beyond the last words, this essay soon realizes that moments of silence between words have already rendered it as much an essay of words as a wordless essay. As words wrest themselves from the void, they often wind up as mere parenthesis for it. Culled from my scribbles during days suspended between the dying and the dead, the two Books on the passing of my father and father-in-law contain entries reflecting my thoughts at the time. Some entries may sound unsavoury, but, dear reader, they have already been beautified for your eyes.

Sentenced to shame: Moral injury exposure in former lifers.

A significant increase in the release of individuals who served life sentences (i.e., lifers) in California has created the opportunity to study aspects of their psychological wellness for the first time. Moral injury may be a particularly relevant factor to consider in this population but has not been previously studied. This study is the first to explore the concept of moral injury within a currently or formerly incarcerated population. Former lifers currently in reentry in California (N = 41) completed a survey that measured their moral injury exposure (MIE), MIE-related guilt, MIE-related shame, MIE-related rumination, religiosity, attempts at making amends, and flourishing. As expected, a high rate of lifetime MIEs was endorsed (97.6%). Events linked to life sentence crimes (75.6%) and time in prison (56.1%) were very common. Lower levels of MIE-related shame (r = -.58, p < .01) and higher levels of religiosity (r = .35, p < .05) were significantly associated with greater flourishing. By contrast, degree of MIE exposure, MIE-related guilt, and MIE-related rumination, and making amends were all weakly associated with flourishing. Our results highlight that MIE is pervasive in this population and extends beyond life sentence crimes. Moreover, our findings suggest that it is lifers' self-concept following MIEs that appears to affect well-being upon release, rather than the extent and nature of moral injury exposure. Further research exploring moral injury in incarcerated and formerly incarcerated populations is needed to improve their well-being and chances of successful reentry. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Slow Violence and the California Central Valley Prison in Rachel Kushner’s The Mars Room

Abstract: This essay interrogates the carceral geography of the California Central Valley by examining Rachel Kushner’s novel The Mars Room (2018), which unfolds the life and limiting circumstances of a woman serving two life sentences. With capitalism as the driving force and background of this novel, this article examines the problem of representation posed by the prison in American society. Does the novel allow for a sharper perception of the loss wrought by the carceral state? I argue that Kushner uses the novel form to represent the slow violence of incarceration, which is a biopolitical project of the United States.

JESSICA WONGSO AND THE SEARCH FOR HIDDEN CAUSALITY IN THE POISONED COFFEE CASE

The 2016 murder case of Wayan Mirna Salihin in a Jakarta cafe sent shockwaves across Indonesia. Mirna tragically passed away after consuming coffee suspected of being laced with cyanide. Jessica Wongso, her friend, received a life sentence for the crime. The case garnered widespread attention due to the cyanide's involvement, the intricate relationship between Jessica and Mirna, and the contentious trial proceedings. Public outcry and debates over the evidence's reliability sparked inquiries into potential hidden motives. This study delves into uncovering these concealed factors, employing qualitative methodologies and analyzing psychological, social, cultural, and environmental aspects. By doing so, it aims to shed light on Jessica's motivations and the context surrounding her actions, thereby contributing to public comprehension and legal discourse. Despite Jessica's conviction, doubts persist, particularly regarding her motives and the chain of causality. Police investigations relied on coffee orders and Jessica's cyanide purchase, yet inconsistencies in DNA testing and unclear motives fueled skepticism. Exploring causality helps discern cause-and-effect relationships, identify underlying issues, assess evidence, prompt further investigations, and unveil concealed truths. Beyond Jessica's culpability, questions linger regarding cyanide's broader implications, potential third-party involvement, Jessica's psychological profile, and the clarity of causality. This case underscores the intricacies of real-life causality, emphasizing the importance of a nuanced understanding in ensuring justice prevails.

‘Sedative Coping’, Contextual Maturity and Institutionalization Among Prisoners Serving Life Sentences in England and Wales

‘Sedative Coping’, Contextual Maturity and Institutionalization Among Prisoners Serving Life Sentences in England and Wales

‘Sedative Coping’, Contextual Maturity and Institutionalization Among Prisoners Serving Life Sentences in England and Wales

Abstract Based on a longitudinal study of life-sentenced prisoners in England and Wales, this article seeks to make sense of what it characterizes as ‘sedative coping’. In doing so, it brings together analytic conclusions from the existing research literature that appear highly inconsistent, but which indicate the centrality of emotion in the experience of serving a long prison sentence. Specifically, it highlights the forms of emotion management and suppression involved in coping with the trauma of such circumstances, and the post-release impact of sustained forms of emotional self-preservation. This focus helps us better understand the connection between ‘mature coping’ in custody and the post-release difficulties that life-sentenced prisoners often describe.

“The Only Thing I Want is for People to Stop Seeing Me Naked”: Consent, Contracts, and Sexual Media

AbstractIn pornography, standard modeling contracts often require a performer to surrender rights over their public image and sexual media in perpetuity and across media. Under these contracts, performers are unable to determine who accesses, for what duration, and under what conditions, their sexual media. As a result, pornography has been described by some performers as a “life sentence”—a phrase which, if true, violates some strong intuitions we share about the importance of autonomy in sexual activity. Using the framework of “affirmative consent,” I argue that these contracts violate performers’ rights to sexual autonomy, and ought therefore to be considered objectionable. Overall, I argue that the legal regimes we create have a strong impact on people's lives, and more important than legislating individual outcomes, the type of infrastructure we build around people's decisions has the potential to radically empower—or disempower—those engaged in sex work.

Decision Making, Emotion Recognition and Childhood Traumatic Experiences in Murder Convicts Imprisoned with Aggravated Life Sentence: A Prison Study

Decision Making, Emotion Recognition and Childhood Traumatic Experiences in Murder Convicts Imprisoned with Aggravated Life Sentence: A Prison Study

In search of the role of punishment from the EU criminal law perspective

This paper deals with punishment in the context of EU criminal law. Its aim is to search for the role of punishment in the area of European criminal justice, focussing on EU legislation and the case law of the Luxembourg and Strasbourg Courts. The methods used are analysis, synthesis and comparative research. The findings lead to the conclusion that, first of all, the priority behind punishment should be the rehabilitation of an offender, followed by their reintegration into society, and not the severity of imposing a long prison sentence itself. Additionally, a life sentence seems unacceptable without the possibility of conditional release or clemency, as it would be contrary to the European standards of protecting human rights. The role of punishment within the EU is therefore strongly influenced by a human rights-based approach in line with the provisions of the CFR and the ECHR.

“Living with life”: Experiences of families of people serving a life sentence in Western Australia

This paper contributes to the growing body of scholarship related to the impact of imprisonment on families, from the particular perspective of parents, siblings and other close relatives of people serving a life sentence. We argue that those family members are often overlooked in research and service provision, while bearing the burden of the association with the offender. This is particularly problematic for relatives of life sentenced prisoners, having to cope with the seriousness of the offence, and the uncertainty of the perspectives of release. Based on 17 interviews conducted in Western Australia, we discuss family members’ confrontation with and experiences throughout the criminal justice system. We report on how they manage to “live with life” and which coping mechanisms they developed. Our findings call for more investment into the matter, to generate a scholarship for a better understanding of and supporting initiatives for those close relatives.

Suicide, suicide attempts and self-harm in Moroccan prisons

PurposeHigh rates of suicide and self-harm are reported in prisons in Western countries, while fewer studies exist from a non-Western context. This study aims to identify rates of suicide, non-fatal suicide attempts and self-harm in Moroccan prisons and to better understand the context, methods, tools, predictors and profile of persons engaged in the acts.Design/methodology/approachThe authors report findings from a mixed-methods study carried out before an intervention project. The study consists of a systematic literature review, an analysis of suicide case files, a quantitative survey on suicide attempts and self-harm, as well as interviews and focus group discussions. The authors calculate suicide, suicide attempt and self-harm rates and present descriptive data on the incidents. The authors use regression models to explore the association between the number of incidents per individual and selected predictors, adjusting for clustering by institution.FindingsOver a four-year period, 29 detained persons in Morocco died by suicide (average annual suicide rate 8.7 per 100,000). Most were men under the age of 30. Hanging accounted for all but one case. In one year, 230 suicide attempts were reported. Over a three-months period, 110 self-harm cases were reported from 18 institutions, cutting being the most common method. Self-harm was significantly more prevalent among persons with a life sentence or repeated incarcerations.Research limitations/implicationsTo make the study manageable as part of an intervention project, the authors collected data on suicides and suicide attempts from all prisons, while data on self-harm were collected from fewer prisons and over a shorter time period. The authors did not collect comparable information from detained persons who did not die by suicide, attempt suicide or self-harm. This prevented comparative analyses. Further, it is possible that self-harm cases were not reported if they did not result in serious physical injury. Data were collected by prison staff; thus, the voice of incarcerated persons is absent.Practical implicationsThis study provided a solid basis for designing an intervention project including the development of a national prison policy and guidelines on suicides, suicide attempts and self-harm and a country-wide training program for prison staff. It also led to a better surveillance system, allowing for trend analysis and better-informed policymaking. The qualitative results helped create an understanding of how staff may trivialize self-harm. This was integrated into the training package for staff, resulting in the creation of prison staff trainers who became the strongest advocates against the notion that self-harm was best ignored.Originality/valueTo the best of the authors’ knowledge, this is the first published data on suicide and self-harm in Moroccan prisons. It underscores the necessity for the intervention project and gives valuable insights into suicide and self-harm in a non-Western prison context. Further research is needed to assess whether the findings are typical of the region.

Extradition and Whole Life Sentences

Sentences of life imprisonment without a prospect of adequate review and release are prohibited in States party to the European Convention on Human Rights. Should the same principle apply when extradition is sought to States not party to the Convention? In Sanchez Sanchez v United Kingdom (2022), the Grand Chamber of the European Court of Human Rights applied a less strict standard for potential extraditees facing life without parole. We analyse this decision and its repercussions in light of the history of international cooperation in extreme punishment cases between Europe and the USA and recent interpretations of the new standard. The article concludes with an assessment of the level of proof litigants must present to satisfy the Sanchez Sanchez test and of how the law could continue to prevent inhuman and degrading treatment of extraditees facing life sentences.

The problem of expanding the rights of those sentenced to life imprisonment

As of 2023, the issue of life imprisonment is the least regulated in Ukrainian criminal-executive law. Moreover, life imprisonment is the most controversial form of punishment, prompting research into its specific aspects. The purpose of the study is to explore problematic issues related to the rights of those sentenced to life imprisonment for short-term release from the institution serving the sentence. Various methods, including systemic-structural, analytical, comparative, and terminological, were used to achieve this purpose. An analysis of the legal status of those sentenced to life imprisonment in Ukraine concluded that these subjects of criminal-executive legal relations do not have the right to leave the prison, particularly in the presence of exceptional personal circumstances. It was also established that, according to current criminal-executive legislation in Ukraine, only specific categories of prisoners serving a sentence of imprisonment possess such a right, reflecting the essence of the punishment's purpose. The study demonstrates that it is through the regime of legal restrictions that the state has the opportunity to fulfil criminal-executive tasks, including preventing criminal offences by both convicts and other individuals. The legally established status of those sentenced to life imprisonment, especially in terms of legal restrictions, aims to deter not only recidivists but also individuals who may contemplate or prepare to commit such serious criminal offences. If, in 2002, the number of those sentenced to life imprisonment in Ukraine exceeded 100 individuals, by 2022, it had decreased to 23. It is emphasised that expanding the rights of individuals serving a life sentence may lead to social tension and pose a threat to the national security of Ukraine. The results of the study can be used in further regulatory adjustments regarding problematic aspects of life imprisonment

Consequences of introducing the possibility of imposing an irreducible life sentence into the criminal code with regard to extradition and the execution of the european arrest warrant

Abstract The Act of 7 July 2022, amending the Act – Criminal Code and certain other acts, introduced the possibility of imposing a sentence of life imprisonment without parole into the Criminal Code. The legislator provided for two grounds for the optional imposition of an irreducible life imprisonment sentence. The first (Article 77 § 3 of the Criminal Code) is based on formal grounds: a previous conviction for a specific type of crime (against life and health, freedom, sexual freedom, public security, or of a terrorist nature) to life imprisonment or imprisonment for a term of not less than 20 years. The second ground (Article 77 § 4 of the Criminal Code) operates on a substantive condition: the nature and circumstances of the act and the personal characteristics of the perpetrator indicate that the perpetrator’s remaining at liberty would pose a permanent danger to the life, health, freedom, or sexual freedom of others. This article posits that the provisions of Article 77 § 3 and 4 of the Criminal Code are incompatible with Article 3 of the ECHR, which prohibits torture and inhuman or degrading treatment or punishment. As a result of the introduction of this type of punishment in Polish law, we may unfortunately realistically expect other states to refuse to hand over individuals prosecuted for crimes punishable by such punishment or those already sentenced to such punishment.

가석방 없는 무기형 입법안에 대한 검토

A series of ‘motiveless crime’ and ‘heinous crimes’ caused public resentment, and as a result, the need for violent punishment emerged, a revision to the life without parole was announced. If this amendment is not supplemented and passed as it is, many problems can arise. Therefore, this paper aims to be of some help in reflecting the amendment by identifying the problems that may arise from the revision of the law from various aspects and seeking countermeasures.&#x0D; The research method is to examine the pros and cons of the life without parole based on Internet articles, examine the life sentence system and punishment through domestic and foreign papers, examine various problems and suggest countermeasures through the life sentence amendment.&#x0D; As a result of the study, life imprisonment is a punishment that violates constitutional rights, such as human dignity and values, equal rights, and the right to uphold freedom of the body. The purpose of edification, the ideology of correctional facilities, cannot be achieved, and external transportation rights with families are likely to be violated considerably. Therefore, life sentences should be revised to the extent that such infringement of rights is minimized. The plan should establish a reduction regulation for life imprisonment without parole so that inmates with good correctional performance can be reduced. In addition, through the revision of Article 41 of the Criminal Code, a first-class life sentence and a second-class life sentence should be created. The first-degree life sentence refers to a punishment in the middle of the death penalty and life imprisonment, and the second-degree life sentence refers to a life sentence currently in effect. Parole shall be allowed for first-degree life imprisonment prisoners, but the period of parole shall be extended, and the period of parole and probation shall be extended upon parole.&#x0D; In conclusion, life imprisonment is likely to violate the constitutionally guaranteed rights of criminals, does not conform to the correction ideology of correctional facilities, and can only realize the purpose of isolation from society forever. Therefore, if this amendment is forced to be implemented, it should be implemented to the extent that various opinions are collected and the purpose of correction and punishment is achieved by referring to this paper, and human rights violations under the constitution can be minimized.