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Life imprisonment
Also known as alife sentence, life-long incarceration orlife incarceration) is
a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for
the rest of his or her life. Examples of crimes for which a person could receive this sentenceinclude murder, high treason, severe or violent cases of drug dealing or human trafficking, or aggravated
cases of burglary or robbery resulting in death or great bodily harm.
This sentence does not exist in all countries. Portugal was the first country in the world to abolish life
imprisonment by Penal Reform of Sampaio e Melo, in 1884. However, where life imprisonment is a
possible sentence, there may also be formal mechanisms to request parole after a certain period of
imprisonment. This means that a convict could be entitled to spend the rest of the sentence (that is, until
he or she dies) outside of prison. Early release is usually conditionaldepending on past and future
conduct, possibly with certain restrictions or obligations. In contrast, in jurisdictions without life
imprisonment, a convict who has served the given prison sentence is free upon release.
The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some places
convicts are entitled to apply for parole relatively early, in others only after several decades. However, the
time of legally being entitled to apply for parole does not often tell anything about the actual date of being
granted parole. Article 110 of the Rome Statute of the International Criminal Court stipulates that for the
gravest forms of crimes (e.g., war crimes, crimes against humanity and genocide), a prisoner ought to
serve two thirds of a fixed sentence, or 25 years in the case of life imprisonment. After this period, the
court shall then review the sentence to determine whether it should be reduced.
Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults.
A few countries worldwide had allowed for minors to be given lifetime sentences that have no provision
for eventual release. Of these, only the United States currently has minors serving such sentences,
according to an updated 2008 joint study by Human Rights Watch and Amnesty International. As of 2009,
Human Rights Watch has calculated that there are 2,574 youth offenders serving life without parole in the
United States. The U.S. and Somalia are the only countries in the world which refused to ratify the CRC,
an international agreement that would abolish the ability to give juveniles life without the possibility of
parole.
Submitted by:
Ghuellene V. Magalona.
IV - JADE
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Reclusin perpetua (Spanish, from Latin: reclusio perpetua, meaning "permanent imprisonment")
is a particular kind of sentence of imprisonment in the Philippines, Argentina, and several other countries.
In the Philippines, it is one of two sentences, the other being life imprisonment, designed to replace
the death penalty and is, in legal parlance, almost synonymous with life imprisonment. However,
there are several important distinctions between the two terms:
y Reclusin perpetua is prescribed on crimes punishable by the Revised Penal Code, while life
imprisonment is imposed on offences punishable by Special Laws.
y Reclusin perpetua carries the "accessory penalty" where, as defined by Philippine Law,
guilty parties suffer lifetime barring from holding political office. Life imprisonment does not
carry this penalty.
y Reclusin perpetua does not allow pardon or parole until after the first 30 years of the
sentence have been served; after 40 years without pardon or parole, the sentence ends. Lifeimprisonment does not have any definite extent or duration of imprisonment, and prisoners
serving life imprisonment can have parole at any time.
Unlike life imprisonment, the length of a sentence forreclusin perpetua is an indivisible penalty of 40
years and cannot be altered during sentencing.
Imprisonment
Whether you are in detention after arrest, or serving a prison term upon conviction, you should be
prepared to face the realities of what are by American standards inadequate facilities, poor food,
and deficient sanitation in prisons. You should provide the Embassy with the names of family or
friends for financial assistance to enable you to buy dietary supplements and basic necessities like
soap and toothpaste. The Consul can help you arrange for remittances to be sent so as to ensure
that the money reaches you intact.
Although prison mail is subject to censorship, American detainees can write to the Consul. And
since the Consul makes periodic visits to American detainees in the Manila consular district, they
may discuss with a consular officer problems arising from their confinement. The Consul or local
civic organizations can help prisoners to obtain reading material.
Alternatives to Capital Punishment
Capital punishment is not the solution to rising criminality. In fact, the death penalty has no place in a
civilized society, much less in a society which proclaims adherence to democratic ideals and to
promotion of human rights. It has been noted that the source of all human corruption lies in the
impunity of the criminal, not in the moderation of punishment. Clearly, it is not the severity of
punishment that deters the commission of criminal acts, but the certainty of punishment.
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Life imprisonment (also known as a life sentence, life-long incarceration orlife incarceration) is
a sentence of imprisonment for a serious crime where the convicted person is to remain in prison for the
rest of his or her life. Examples of crimes for which a person could receive this sentence
include murder, high treason, severe or violent cases of drug or human trafficking, or aggravated cases
of burglary or robbery resulting in death or great bodily harm.
This sentence does not exist in all countries. However, where life imprisonment is a possible sentence,
there may also be formal mechanisms to request parole after a certain time of having been in prison.
This means that a convict could be entitled to spend the rest of the sentence (i.e., until he or she dies)
outside prison; this is usuallyconditionaldepending on past and future conduct, possibly with certain
restrictions or obligations. In contrast to jurisdictions without life imprisonment, a convict after having
served the given prison sentence is free upon release.
The length of time and the modalities surrounding parole vary greatly for each jurisdiction. In some
places convicts are entitled to apply for parole relatively early, in others only after several decades.
However, the time of legally being entitled to apply for parole does often not tell anything about the
actual date of being granted parole. Article 110 of the Rome Statute of the International Criminal
Court stipulates that for the gravest forms of crimes (e.g., war crimes, crimes against humanity and
genocide), a prisoner ought to serve two thirds of a fixed sentence, or 25 years in the case of life
imprisonment. After this period, the court shall then review the sentence to determine whether it should
be reduced.
Like other areas of criminal law, sentences handed to minors may differ from those given to legal adults.
A few countries worldwide allow for minors to be given lifetime sentences that have no provision foreventual release. Of these, only the United States has minors serving such sentences, according to an
updated 2008 joint study byHuman Rights Watch and Amnesty International. As of 2009, Human Rights
Watch has calculated that there are 2,574youth offenders serving life without parole in the United
States.
Republic Act No. 9346: An Act Prohibiting the Imposition ofDeath Penalty in the Philippines
Republic Act No. 9346, enacted on 24 June 2006, prohibits the imposition of death penalty in the Philippines and
provides that in lieu thereof, the penalty of reclusion perpetua or life imprisonment shall be imposed. This Actexpressly repeals Republic Act No. 8177 entitled Act Designating Death by Lethal Injection, and amends Republic
Act No. 7659 otherwise known as the Death Penalty Law. It also repeals or amends all laws, executive orders and
decrees that impose the penalty of death.
Submitted by:
JayricRonato
IV - JADE