Life Imprisonment and Human Rights (Oñati International Series in Law and Society)

Présentation de l'éditeur : "In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights." Acknowledgements Contents List of Contributors List of Figures, Tables and Annexes Introduction I. Background II. What is Life Imprisonment? III. What Human Rights Are Most Relevant to Life Imprisonment? IV. Key Themes in Understanding Life Imprisonment and Human Rights V. Final Thoughts References Table of Cases Part I The Challenge of ‘Life’ in the Americas 1 The Impact of Life Imprisonment on Criminal Justice Reform in the United States I. Introduction II. Mass Imprisonment and the Massive Use of Life Sentences III. Life Imprisonment in the US as an Outgrowth of the American Political Environment IV. Life Imprisonment Exacerbates the Severity of the Punishment Environment in the US V. Human Rights Concerns Surrounding Life without Parole VI. Impact of Life Imprisonment on Mass Incarceration and Prospects for Reform VII. Challenges for the Justice Reform Movement References Table of Cases 2 Life Imprisonment in Latin America I. Introduction II. The Scope of Life Imprisonment III. Models of Life Imprisonment IV. The Constitutionality of Life Sentences V. Release Process VI. Concluding Remarks References List of Cases Part II Life without Parole around the World 3 Life without Parole in Australia: Current Practices, Juvenile and Retrospective Sentencing I. Introduction II. Life Imprisonment in Australia III. Life without Parole in Australia IV. Life Sentences for Juvenile Offenders V. Release for Life Sentence Prisoners VI. The Need for Review and Reform References Table of Cases 4 Life Imprisonment and Human Rights in Uganda I. Introduction II. The Release of Offenders Sentenced to Life Imprisonment III. Commuted Death Sentences IV. Life Imprisonment and Time Spent in Detention Awaiting Trial V. The Sentencing Guidelines and Life Imprisonment VI. Life Imprisonment for Children? VII. Persons Facing Life Sentences and the Right to Legal Representation VIII. Concurrent Life Sentences IX. Purposes of Punishment and Life Imprisonment X. De Facto Life Sentences XI. Conclusion References Table of Cases 5 A New Form of Life Imprisonment for India? I. Introduction II. Life Imprisonment: Basics III. Advent of a New Sentencing Policy-Life Imprisonment without the Possibility of Remission IV. Life Imprisonment without Remission: A Step Backwards V. Conclusion References Table of Cases 6 An Administrative Procedure for Life Prisoners: Law and Practice of Royal Pardon in the Netherlands I. Introduction II. The Imposition and Enforcement of a Life Sentence III. Termination of a Life Sentence, De Facto and De Jure IV. The De Facto Review Mechanism Since 1987 V. Defects in the Administrative Procedure in the Netherlands VI. Concluding Thoughts References List of Cases Annex 1: List of the Total Number of Prisoners Serving an Irrevocable Life Sentence in the Netherlands and Convicted since 1980a 7 Constitutionalising Life Imprisonment without Parole: The\xa0Case of Hungary I. Introduction: Fundamental Legal Provisions on Life Imprisonment without Parole II. Development of Life Imprisonment in Hungary III. Magyar v Hungary (2014): Decision of the Second Chamber of the European Court of Human Rights IV. The Newly Established Review and Clemency Procedure V. Opinion of the Constitutional Court and the Curia on Life Imprisonment Without Parole VI. The Status Quo on Life Imprisonment without Parole in Hungary VII. Conclusions References Table of Cases 8 A Right to Hope? Life Imprisonment in France I. Introduction II. The Right to Hope under European Human Rights Case Law-An Overview III. Abolishing the Death Penalty and the Origins of Hope in France IV. Providing Hope as a Matter of Law V. Providing Hope as a Matter of Fact VI. Conclusion: The Narrow Understanding of Hope References Table of Cases Part III Life Imprisonment and the European Convention of Human Rights 9 The Paradox of Reform: Life Imprisonment in England and Wales I. Introduction II. The Evolution of Life Imprisonment in England and Wales III. Release Procedures and the European Convention on Human Rights IV. Imprisonment for Public Protection V. Conclusion References Table of Cases 10 Life Imprisonment in Belgium: Current Human Rights Challenges I. Introduction II. Different Categories of Prisoners III. A Quantitative Overview IV. Human Rights Issues V. Conclusion References List of Cases 11 Confusingly Compliant with the European Convention on Human Rights: The Release of Life Sentence Prisoners in Ireland I. Introduction II. The Life Sentence and the Release Process III. Reform Proposals and Fundamental Rights IV. Legal Interpretation and the "Realities of the Situation" V. Discretion and Informality VI. The Road Ahead? References Table of Cases Part IV Countries without Life Imprisonment 12 Punishment in Portuguese Criminal Law: A Penal System without Life Imprisonment I. Introduction II. The Abolition of Life Imprisonment in Portugal III. The Current Legal Limits to Prison Sentences IV. Consequences for International Cooperation in Criminal Matters V. Some Reflections on the Future of Criminal Punishment in Europe and Worldwide References Table of Cases 13 The Abolition of Life Imprisonment in Brazil and its Contradictions I. Introduction II. Overruling Life Imprisonment: A Critical Assessment of the Legal History III. A Critical Assessment of the Current Reality of Brazilian Prisons and the Attempts to Increase the Maximum Term of Imprisonment IV. Security Measures V. Conclusion References Table of Cases 14 Long-term Imprisonment in Latin America I. Introduction II. What is a Long-term Prison Sentences in Latin America? III. Why Long-term Imprisonment in Latin America? IV. Implementation of Long-term Prison Sentences and Human Rights V. Conditional Release: A Right to Hope? VI. Concluding Remarks References Table of Cases Part V The (Re)introduction of Life Imprisonment 15 Life and Long-Term Imprisonment in the Countries of the Former Yugoslavia I. Introduction II. SFR Yugoslavia and the Abolition of the Death Penalty III. Contemporary Penal Developments IV. Assessing Life and Long-Term Imprisonment Policies in the Former SFRY Countries V. Conclusion References Table of Cases 16 The Right to Hope for Lifers: An Analysis of Court Judgments and Practice in Poland I. Introduction II. Background and Legal Overview of the System III. Imposing Life Sentences IV. Implementing Life Sentences in Prison V. Conclusion References Table of Cases 17 Long-Term and Life Imprisonment in Spain: Release Procedures and Terrorism I. Introduction II. Conditions for Acceding to Semi-liberty Status in the Execution of Sentences for Terrorism III. Critical Evaluation of the Penal Model in Force before the Introduction of Life Sentences IV. Reviewable Permanent Imprisonment: The Introduction of Life Sentences in Spain V. Final Thoughts References Table of Cases Part VI Life Imprisonment and Preventive Detention 18 Constitutional Limits on Life Imprisonment and Post-Sentence Preventive Detention in Germany I. Introduction II. The Framework of Indeterminate Criminal Sanctions in German Law III. Constitutional Limits on Life Imprisonment IV. Constitutional Limits on Preventive Detention V. The Future of Post-Sentence Preventive Detention and Life Imprisonment References Table of Cases 19 Life without Parole for Preventive Reasons? Lifelong Post-sentence Detention in Switzerland I. Introduction II. Mapping Lifelong Indefinite Post-Sentence Detention within the Dual Track System III. Lifelong Preventive Detention and Human Rights Concerns IV. The Profound Implications of Vinter and Its Significance for Swiss Penal Law V. Conclusion References Table of Cases 20 Life Imprisonment and Related Institutions in the Nordic Countries I. Introduction II. A Brief History of Ultimate Penalties in the Nordic Countries III. The Rise and Fall of Indeterminate Sanctions IV. Life Imprisonment under the Present Law V. Preventive Detention under the Present Law VI. Psychiatric Care Orders VII. Ultimate Penalties and the Risk of Repeat Serious Violence: A Summary Overview VIII. Summary and Discussion References Table of Cases Index Introduction / Dirk Van Zyl Smit, Catherine Appleton And Georgie Benford -- The Impact Of Life Imprisonment On Criminal Justice Reform In The United States / Marc Mauer And Ashley Nellis -- Life Imprisonment In Latin America / Beatriz López Lorca -- Life Without Parole In Australia : Current Practices, Juveniles And Retrospective Sentencing / Kate Fitz-gibbon -- Life Imprisonment And Human Rights In Uganda / Jamil Ddamulira Mujuzi -- A New Form Of Life Imprisonment For India? / Madhurima Dhanuka -- An Administrative Procedure For Life Prisoners : Law And Practice Of Royal Pardon In The Netherlands / Wiene Van Hattum And Sonja Meijer -- Constitutionalizing Life Imprisonment Without Parole : The Case Of Hungary / Miklós Lévay -- A Right To Hope? : Life Imprisonment In France / Marion Vannier -- The Paradox Of Reform : Life Imprisonment In England And Wales / Catherine Appleton And Dirk Van Zyl Smit -- Life Imprisonment In Belgium : Current Human Rights Challenges / Sonja Snacken, Ineke Casier, Caroline Devynck And Diete Humblet -- Confusingly Compliant With The European Convention On Human Rights : The Release Of Life Sentence Prisoners In Ireland / Diarmuid Griffin And Ian O'donnell -- Punishment In Portuguese Criminal Law : A Penal System Without Life Imprisonment / Inês Horta Pinto -- The Abolition Of Life Imprisonment In Brazil And Its Contradictions / Giovanna Frisso -- Long-term Imprisonment In Latin America / Francisco Javier De León Villalba -- Life And Long-term Imprisonment In The Countries Of The Former Yugoslavia / Filip Vojta -- The Right To Hope For Lifers : An Analysis Of Court Judgments And Practice In Poland / Maria Ejchart-dubois, Maria Nielaczna And Aneta Wilkowska-plóciennik -- Long-term And Life Imprisonment In Spain : Release Procedures And Terrorism / Jon-mirena Landa Gorostiza -- Constitutional Limits On Life Imprisonment And Post-sentence Preventive Detention In Germany / Axel Dessecker -- Life Without Parole For Preventive Reasons : Lifelong Post-sentence Detention In Switzerland / Anna Coninx -- Life Imprisonment And Related Institutions In The Nordic Countries / Tapio Lappi-seppälä. Edited By Dirk Van Zyl Smit And Catherine Appleton. Includes Bibliographical References And Index. Présentation de l'éditeur : "In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights." "In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its full human rights implications. This important collection fills that gap by addressing these two key questions: what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions, in essays that draw on both empirical and doctrinal research. Under the editorship of two leading scholars in the field, this innovative and important work will be a landmark publication in the field of penal studies and human rights." --publisher's description In many jurisdictions today, life imprisonment is the most severe penalty that can be imposed. Despite this, it is a relatively under-researched form of punishment and no meaningful attempt has been made to understand its human rights implications. This important collection fills that gap by addressing these two key questions: namely, what is life imprisonment and what human rights are relevant to it? These questions are explored from the perspective of a range of jurisdictions. In addition it offers a dual perspective drawing on both empirical and doctrinal research