Life imprisonment: A practice in desperate need of reform
11th June 2018

At the UN Commission on Crime Prevention and Criminal Justice in May 2018, Olivia Rope, PRI’s Policy and Programme Manager, called on the UN and its member states to address the global increase in life sentences and their implementation. In this blog, based on Olivia’s speech, Katie Reade summarises the causes of the current crisis, its ramifications for the human rights of prisoners and PRI’s recommendations as outlined in its recently published policy briefing with the University of Nottingham.
Today, an estimated half a million people are serving life sentences. Life imprisonment exists in 183 out of 216 countries and territories, and, between the years 2000 and 2014, there was an increase of almost 84 per cent in the number of those serving formal life sentences worldwide.1
This sentence, which can give the state the power to detain a person until they die, is unnecessarily punitive and often disproportionately used for low-level, non-violent crimes. Furthermore, 64 countries impose life without parole, inflicting cruel, inhuman and degrading punishment and denying prisoners the fundamental right to hope.
‘Life in prison is a slow, torturous death. Maybe it would have been better if they had just given me the electric chair and ended my life instead of a life sentence, letting me rot away in jail. It serves no purpose. It becomes a burden on everybody.’ Testimonial from a prisoner serving life without parole.
The UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) state that rehabilitation to reduce recidivism is a key purpose of imprisonment. Life imprisonment often goes directly against this aim, by removing the prospect of rehabilitation and thereby undermining the right to human dignity.
In this short video, Jennifer Turner, Human Rights Researcher from the American Civil Liberties Union, discusses the use of life sentences in the United States.
This bleak picture demands the intervention of the international community. The UN last issued a report on life imprisonment over 20 years ago, in 1994. A rethink of the application, implementation and consequences of the practice is long overdue.
The 14th UN Congress on Crime Prevention and Criminal Justice in 2020 is the perfect opportunity to examine life imprisonment and provide recommendations on its use, in order to guide member states to a system that is compliant with international standards.
To draw attention to the issue of life imprisonment and stimulate action, PRI co-published, with the University of Nottingham, Life Imprisonment: A policy briefing, which draws on research from the Life Imprisonment Worldwide project at the University of Nottingham. The briefing includes 12 recommendations for reforming life imprisonment, based on international law and best practice, to serve as a starting point for the development of standards or guidance for UN member states. There is a real need for guidance on its application and implementation at an international level, given that the number of life-sentenced prisoners has risen by almost 84 per cent since 2000.
In many countries, the abolition of the death penalty has led to a wider net of offences being considered for life imprisonment. At least 4,820 criminal offences worldwide carry some formal type of life imprisonment as a sentence. Life imprisonment is by no means restricted to the most serious of crimes; for example, in the United States, 24 per cent of prisoners serving life without parole were convicted for non-violent offences.
The policy briefing recommends that life without parole be abolished and that other life sentences should only be used when strictly necessary to protect society and in cases where the ‘most serious crimes’ have been committed. To reduce the number of people serving life imprisonment, countries should also apply proportionate sentences and allow for more judicial discretion by removing mandatory life sentences.
‘It’s like going deep-sea diving. Going all the way down into the depths and losing your oxygen. You’re struggling to get to the top. You don’t know if you’re going to make it, but you never stop struggling.’ Testimonial from a prisoner serving life without parole.
The policy briefing advises that restrictions on the regime of life-sentenced prisoners should be based on individual risk assessments and security concerns, rather than the strength of the original sentence. The damaging effects of life imprisonment also need to be recognised and considered. The Mandela Rules clearly state that the deprivation of liberty is a punishment in itself. However, prisoners are frequently and systematically subjected to harsher treatment and segregation because of their life sentences. For example, the European Committee for the Prevention of Torture has found that in some European states, life-sentenced prisoners are kept separate ‘as a rule’, are subjected to systematic handcuffing and strip searches, and are escorted from their cells with guard dogs.2
PRI also advocates for reforms to the problematic, and often arbitrary, processes of review for release. In many systems, the bodies or individuals that have the power to consider the release of offenders are subjected to political pressure or are at risk of corruption. These bodies must be independent and impartial and must base their decision in law and fair procedure. Decisions should be based on the principle of proportionality and whether continued imprisonment is legitimate within the rehabilitative purpose of detention. The three key mechanisms that are typically used to release prisoners who are sentenced to life imprisonment are the courts, the executive and the parole board, with research indicating that the courts are the mechanism that best upholds fair rights and procedural standards that are necessary for such important decisions.
Once life-sentenced prisoners are released, any conditions imposed on them must be individualised and time-limited. These conditions, including supervision, must promote rehabilitation and reintegration and must be proportionate, rather than inflict further punishment.
The policy and practice of life imprisonment are in grave need of analysis at the international level. Through the UN, the international community should use the opportunity of the 2020 Crime Congress to review the global increase of life sentences and its ramifications for both human rights and prison management.
1 Life Imprisonment: A policy briefing, p. 1, citing research carried out by Professor Dirk van Zyl Smit and Dr Catherine Appleton of the Life Imprisonment Worldwide project at the University of Nottingham. Their full findings are to be published in Life Imprisonment: A Global Human Rights Analysis (Harvard University Press, forthcoming).
2 Life Imprisonment: A policy briefing, p. 6, citing the 25th General Report of the CPT [CPT/Inf (2016) 10], para. 71.
Image: Number of life-sentenced prisoners in the world, 2000–2014, from Life Imprisonment: A policy briefing.
More information
To read more about the worldwide increase in the use of life sentences and their implementation, read PRI and the University of Nottingham’s Life Imprisonment: A policy briefing.
Comments
Daniel, 24th May 2019 at 23:10
When will change come? 🙁
Leonna, 04th Jul 2019 at 14:02
Please, Please, Please ABOLISH LIFE/LWOP SENTENCING!!! The United States has the HIGHEST rates of incarceration. Every State in the U.S has the same problems in their Penal System including Serious Civil Rights’ Violations. But every State operates differently. There needs to be CONSISTENCY across the Country. Or allow these prisoners their own options of how they want to die, because Life/LWOP is worse than even the Death Penalty. Please abolish Life/LWOP. It is also slowly killing the family members of these suffering prisoners serving the Cruelest Penalties for their offenses, many of which are First-time offenders of any type of crime.
maureen smith, 15th Jul 2019 at 14:54
this reform is long over due THANK YOU
Carole, 21st Jul 2019 at 00:23
Please look into the wonderful organization, “Fairsentencingforyouth”. Fighting against youth sentences of life without parole . Which in 2012 U.S. Supreme Court ruled , but each State seems to decide how they want to do this. We continue the fight for fair sentencing. Thank you
maureen smith, 06th Aug 2019 at 22:00
End Life Without Parole. It is totally unfair and wrong. Forgiveness is important. Rehabilitation is important. Inmates are more than their crime. The system is hopeless and backwards. Let us begin to treat inmates as human beings. Thank you.
Joni Thornton, 12th Aug 2019 at 21:50
I am very interested in your organization and I wish that I could be a part of it. I would love to learn more about it. Can you please email info mcrdavis21@yahoo.com
SoloTripGuy, 24th Nov 2019 at 09:57
US and Texas alone contributes in number of inmates more than any other country, Our law needs to change.
While doing some research websites like
https://prisonpolicy.org and https://theinmatesearch.org
helped me see the real picture of our prisons.
Taite, 09th Dec 2019 at 18:39
Life Imprisonment is beyond a joke. The fact that it exists on this planet is beyond a joke. It should be abolished, Totally.
Maximum sentence to be imposed under UN should be 21 years, if not less. Deeply Remorseful people should not be sentenced for any crime that would normally carry life imprisonment. No crime is condoned here but Life sentences are as well not condoned in the slightest. Crime is more prevalent because they is severe punishment for crimes. Take the examples of Norway, maximum 21, prisons offer rehab and the comforts you would normally find at home. Don’t take these peoples life’s away, everyone deserves more than one chance…..
Ms.C, 27th Jan 2020 at 07:11
How can we help change these laws?
Robert Fraise, 30th Jan 2020 at 01:07
My son is serving double life with no possibility of parole in the Mississippi State Penitentiary at Parchman for a $400 armed robbery.
We need your help to change this madness
Kimberly J Tryba, 29th Feb 2020 at 08:55
Someone who has served 25 years on a life sentence should be released.
George, 17th Apr 2020 at 01:13
It is time that life without parole is abolished from the United States Supreme Court. Not only does it cost a lot of money, it is unfair. By the time this coronavirus is over, we will have to re- think a lot of things. Save the people, save the world and save the economy.
George, 18th Apr 2020 at 19:45
One of the greatest avenue available is to review first time offenders who were sentenced to life without parole and have served over 20 years. These people need to be looked at. Life without parole is more cruel than the death penalty.
Leonna, 27th Mar 2021 at 03:26
I think it is so inhumane to give ANYONE life sentences, when we know everyone makes mistakes and 20 years for any crime, is more than enough for anyone’s mistake. ESPECIALLY, if it is a First Time Offender!
Mariana, 18th Apr 2021 at 20:39
Hi please send me information about your guys, I am interested and I want to be part of the it!! Every one deserves second chance!!
Sheena Eastburn, 11th Dec 2021 at 03:22
I am a former incarcerated woman who went in at 17 with Life without parole. My sentence was overturned and I was released in 2017 at age 42. We can be productive after release. I have graduated a trade school, opened two businesses and currently in college getting my BA in Business Administration. I started a Non for profit Prison Did Not Break Me. I also work for Human Rights Watch fighting against Life without Parole sentences.Thank you for all the work of those who fight for those incarcerated.
Heriberto Rivas, 12th Feb 2022 at 06:45
My cousin has been in jail over 30 years with a life time sentence for breaking in to a home and hitting a lady that was there. It was wrong, but a life time sentence given is also wrong. It’s racially motivated.
womogapaul@gmail.com, 16th Sep 2022 at 12:07
I am a teacher of General Paper in Uganda. I T
teach Advanced Level learners about Life imprisonment and its implications. It’s a very controversial subject.
Eddie, 16th Sep 2022 at 15:41
Naivety and innocence are different. What about people who are too dangerous to be rehabilitated? What will stop them from murdering or raping again?
Peter, 16th Sep 2022 at 15:43
Everyone deserves a second chance but we can’t just simply let them all go just because they said sorry. Or just because they felt remorse doesn’t reverse their actions.
Christopher, 06th Oct 2022 at 18:24
What a joke. There is a reason why these “people” gotten life. Cruel and inhumane? Maybe. But they still get to have some semblance of life, something that their forgotten victims were not afforded that chance. Don’t do the crime if you do not want to suffer.
Marsha, 09th Apr 2023 at 19:06
Hopefully this is never changed… The review board for minors is perfect. The majority of lifers deserve to be in prison… if you take a life one way or another you give one… yours