September 25, 2011

The Misuse of Life Without Parole

"...The American Law Institute, a group composed of judges, lawyers and legal scholars, has wisely called for restricting the use of the penalty to cases “when this sanction is the sole alternative to a death sentence.”

In capital cases, life without parole is a sound option. Public support for the death penalty, a barbarity that should be abolished in this country, plummets when life without parole is an alternative. In many states, juries are instructed that it is an option. But the use of the sentence has gone far beyond death penalty cases, even as violent crime rates have declined.

In the last decade in Georgia, one of the few states with good data on the sentence, about 60 percent of offenders sentenced to life without parole were convicted of murder. The other 40 percent were convicted of kidnapping, armed robbery, sex crimes, drug crimes and other crimes including shoplifting. Nationwide, the racial disparity in the penalty is stark. Blacks make up 56.4 percent of those serving life without parole, though they are 37.5 percent of prisoners in all state prisons.

The overuse of the sentence reflects this excessively punitive era. But as the institute’s report explains, an “ordinary” life sentence is “a punishment of tremendous magnitude” whose “true gravity should not be undervalued.” In the past 20 years, the average life term served has grown from 21 years to 29 years before parole...

...A fair-minded society should revisit life sentences and decide whether an offender deserves to remain in prison or be released on parole. And a fair-minded society should not sentence anyone to life without parole except as an alternative to the death penalty."

For full story:
The Misuse of Life Without Parole (New York Times, September 12 2011)

See also the following responses:
Life Sentence for Youths? (New York Times, September 18 2011)
Revisiting Life Sentences (New York Times, September 25 2011)