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Should Life Imprisonment Mean Life or 40 years? - Printable Version

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Should Life Imprisonment Mean Life or 40 years? by M73A on 09-29-2005 at 05:38 PM

in relation to ian huntley being told he can apply for parole in 40 something years i just wanted to see what other people thought about the term 'life imprisonment'

i personally think 'life imprisonment' should mean they are never released.

what are your views?


RE: Should Life Imprisonment Mean Life or 40 years? by hmaster on 09-29-2005 at 05:39 PM

I thought 'life imprisonment' was 25 years :undecided:


RE: Should Life Imprisonment Mean Life or 40 years? by Negro_Joe on 09-29-2005 at 05:40 PM

i think it should be forever if anyone is bad enough to warrant a life sentence they should live out a life sentence....


RE: Should Life Imprisonment Mean Life or 40 years? by M73A on 09-29-2005 at 05:40 PM

quote:
Originally posted by hmaster
I thought 'life imprisonment' was 25 years :undecided:

well in some cases it might be:P im not to sure tbh but with ian huntley its 40 something years... so im just using that as an example:)

RE: Should Life Imprisonment Mean Life or 40 years? by _Humphreys on 09-29-2005 at 05:42 PM

IMO it should be life but hey I don't make the rules.


RE: Should Life Imprisonment Mean Life or 40 years? by dotNorma on 09-29-2005 at 06:40 PM

Life Imprisonment should be just that, life imprisonment :-/

If its a 40 year sentence, they should call it a 40 year sentence. If its a 25 year sentence, they should call it a 25 year sentence. And if its life imprisonment, you should be imprisoned untill you perish.

EDIT: AH CRAP, I JUST REALISED MY SIG IS A TYPO. :dodgy:


RE: RE: Should Life Imprisonment Mean Life or 40 years? by segosa on 09-29-2005 at 06:50 PM

quote:
Originally posted by .Norma
Life Imprisonment should be just that, life imprisonment :-/

If its a 40 year sentence, they should call it a 40 year sentence. If its a 25 year sentence, they should call it a 25 year sentence. And if its life imprisonment, you should be imprisoned untill you perish.

EDIT: AH CRAP, I JUST REALISED MY SIG IS A TYPO. :dodgy:


Exactly, it's like there's no such thing as life imprisonment, they ALWAYS get let out. Which I don't think is right, people never change if they do things like that because there's something wrong with their mind and the way it works.

There's something else wrong with your sig too, it's missing an apostrophe in "its".
RE: Should Life Imprisonment Mean Life or 40 years? by user27089 on 09-29-2005 at 06:52 PM

Life Imprisonment is 15 years afaik, I think life inprisonment should be enforced, at least until the convict is well over 70, and unable to commit any more offences :).


RE: Should Life Imprisonment Mean Life or 40 years? by Negro_Joe on 09-29-2005 at 06:53 PM

well there are plenty of OAP criminals...... just because there old doesnt make them safe...if you do something bad enough to warrant a life sentence well thats what you deserve...


RE: Should Life Imprisonment Mean Life or 40 years? by user27089 on 09-29-2005 at 06:58 PM

A 90 year old with osteoporosis wouldn't be a danger :p.


RE: Should Life Imprisonment Mean Life or 40 years? by TylerG on 09-29-2005 at 09:25 PM

Whoah I thought lfe imprisonment was imprisonment for life.  It should be.  Haha I always wondered why they would say you are sentence to two life imprisonments:P


RE: Should Life Imprisonment Mean Life or 40 years? by emit on 09-30-2005 at 12:52 AM

Life.


RE: Should Life Imprisonment Mean Life or 40 years? by mwe99 on 09-30-2005 at 12:53 AM

well personally he should get the death sentance but hey im a harsh b*****d.

Its been proven beyond doubt that he did it, so why should the UK tax payers have to pay to keep him in prison

[/end of view]


RE: Should Life Imprisonment Mean Life or 40 years? by lordy on 09-30-2005 at 01:24 AM


quote:
Originally posted by traxor
Life Imprisonment is 15 years afaik, I think life inprisonment should be enforced, at least until the convict is well over 70, and unable to commit any more offences :).

quote:
Originally posted by hmaster
I thought 'life imprisonment' was 25 years :undecided:

depends what country (and state) you're in as to how long a 'life' sentence is. in victoria (australia) we have a life sentence (not sure how long that is) and also life never to be released, which is just that, NEVER to be released.

i personally think that it shouldnt be called a life sentence if they're not in there for life.

i also like the US way of doing things. 9 consecutive life sentences lmao, that's brilliant, means that person would be in there for like 200 years if they didnt die
RE: Should Life Imprisonment Mean Life or 40 years? by qgroessl on 09-30-2005 at 01:27 AM

I think Life should be... well... all your life... I don't agree with sentencing people with multiple life sentences... as they'll only be able to serve one... I just believe that some people do deserve parole from it, and some don't.


RE: Should Life Imprisonment Mean Life or 40 years? by mwe99 on 09-30-2005 at 01:32 AM

quote:
Originally posted by lordy16

i also like the US way of doing things. 9 consecutive life sentences lmao, that's brilliant, means that person would be in there for like 200 years if they didnt die

lol no, they do that incase they later get evidence that gets them out of a life sentance, however 9 life sentances are harder to prove than one.
RE: Should Life Imprisonment Mean Life or 40 years? by lordy on 09-30-2005 at 01:37 AM

quote:
Originally posted by mwe99
quote:
Originally posted by lordy16

i also like the US way of doing things. 9 consecutive life sentences lmao, that's brilliant, means that person would be in there for like 200 years if they didnt die

lol no, they do that incase they later get evidence that gets them out of a life sentance, however 9 life sentances are harder to prove than one.

like is they kill 9 ppl, they sometimes get 9 life sentences for each person they've killed if they can prove all of the murders
RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 09-30-2005 at 01:42 AM

In Australia the Crimes (Sentencing) Act 1900 (NSW) defines "life inprisonment" as a period of 25years incarceration.

However, The case of Regina v Travers, Murdoch, and Murphy (1987) [NSWSC] set a legal common law precedent. The judge handed down a life term for the Anita Cobby rapists/murderers. However he also recommended that the prisioners were to "never be released"

This was then enshined within legelation passed by state paliament.


So in NSW at least a judge may say that the life term does indeed mean life. (There are currently only 5 or 6 who have being sentenced as such)

Such a situation gives flexibility to the judiciary when passing sentence. Its not as black or white as saying it should/ shouldnt be.  The law here as it stands allows judges to determine that on a case by case basis.


RE: Should Life Imprisonment Mean Life or 40 years? by lizard.boy on 09-30-2005 at 02:01 AM

i almost think that if the person did something bad enough to warrent life in prison, they should be given the death penalty. it would save hundreds of thousands in tax payers money, and other crimianls may think twice if someones being executed more often.


RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 09-30-2005 at 02:13 AM

The death penalty huh?

And have the state commit the very action they condemn? Cant get any more hypocritical than that.

The world is moving away from the death penalty. The forward thinking countries of the west removed the ultimate sanction decades ago. The savages of the United States southern states and many backward regimes need to abolish it too. The death penalty should never be an option in an advanced and socially evolved society


RE: Should Life Imprisonment Mean Life or 40 years? by SikStyles on 09-30-2005 at 02:59 AM

if they send you in a prison when you are 20-30 and sentence you on life imprisonment then you're gonna get out when you are 60-70 and thats pretty darn old, so that is basically life imprisonment because your whole life is taken away from you and those last 10-20 years is gonna be false teeth and back ache.

Life Imprisonment should be as the name referts to, FOR LIFE, not for 40 years..now this reminds me the movie Green Mile where people were sentenced on death penalty which is wrong imo, anyone should have a life even though you're in a prison for life and you dont want to put to death..because maybe someone will see that there is no point and say hey, just finish me off..


RE: Should Life Imprisonment Mean Life or 40 years? by Pipish on 10-02-2005 at 05:57 AM

life in jail never always happens they get let out on good behaviour bond or somthing you dont often hear of a person dieing in prison due to old age


RE: Should Life Imprisonment Mean Life or 40 years? by ~INVASION~ on 10-02-2005 at 06:03 AM

ya they should really update that system, i think they called it life imprisonment because back in like the early 1900s it use to actually be all their life

im not sure about that tho ill have to research a bit but that would be my guess


RE: Should Life Imprisonment Mean Life or 40 years? by dotNorma on 10-02-2005 at 06:12 AM

quote:
Originally posted by lizard.boy
i almost think that if the person did something bad enough to warrent life in prison, they should be given the death penalty. it would save hundreds of thousands in tax payers money, and other crimianls may think twice if someones being executed more often.

I dont find punishing murder with murder a very valid idea.

They earn the right to murder because they are the government? Who are they to decide if somebody lives or not? :-/
RE: Should Life Imprisonment Mean Life or 40 years? by John Anderton on 10-02-2005 at 07:12 AM

Imprison a 30 yr old guy and by the time he comes out at 70 his life is already over in a sense :-/
Then they shouldnt call it life inprisionment ..... keep the max term as 40 yrs and give them 40 yrs inprisonment :-/


RE: Should Life Imprisonment Mean Life or 40 years? by albert on 10-02-2005 at 07:30 AM

I think it rlly depends of the situation.. if what ur trying to do is to try to teach that guy a lesson.. then give hi 40 yrs..

If you're trying to prevent a dangerous criminal from being active, put him away for life


RE: Should Life Imprisonment Mean Life or 40 years? by spokes on 10-02-2005 at 07:35 AM

I don't think it should mean life, what about mentally ill people who couldnt help their crimes? and what about rehabilitation?

My uncle is a schizo and is currently serving his life sentance. I've seen him once in my entire life, and he's nothing like my mum and dad told me he is. He talks to the vicar all the time and is truly sorry for what he's done.

And what about wrongly accused people, theyd never get a chance of freedom again for something they didn't do

IMO, they should make them serve the age of their victims, unless there victim is a child, then i think they should serve 25years

quote:
Originally posted by traxor
Life Imprisonment is 15 years afaik

I think it is, my uncles doing 17 years so its close enough
RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 10-02-2005 at 07:45 AM

Indeed,

There are a number of reasons why sanctions are imposed on criminals. Namely:

Rehabilitation
Deterrence
Retribution
Incapacitation, and
Reintegrative shaming

Now a life sentence falls under Incapacitation (i.e the state is protecting society from further offenses) However it does not allow for rehabilitation.


quote:
Originally posted by pipish
life in jail never always happens they get let out on good behaviour bond or somthing you dont often hear of a person dieing in prison due to old age

A good behaviour bond is a criminal sanction that is only imposed during sentencing. It is usually used for more serious summary offenses (i.e high range drink driving etc). You seem to be refering to parole. When sentencing a judge imposes the actual term, but ALSO places a minimum term of which parole cannot be sought (i.e 25 years jail, with a 21year non-parole period) The offender must serve the minimum term. A parole board then asseses their application. They will NOT allow any old criminal out without good reason. They must be reformed.
As for a life sentence meaning an actual life sentence, (so as you say, a prisioner dies in jail) i addressed the common law precedent in an earlier post. I believe such provisions also exist in the relevant laws of the U.K. (As for America, their system to too corrupt for me to care)


As i said in a previous post. The law allows for judges to asses the situation on a case by case basis. If they believe the offender has no prospects for rehabilitation, or the crime was unusually abhorent, they may impose an actual full life sentence. However if the offender may reform theirselfs, a normal life sentence will be given, usually with a parole period.  Judges usually give the benefit of the doubt, so thats why you only see a few actually serve real life terms


RE: Should Life Imprisonment Mean Life or 40 years? by ~INVASION~ on 10-02-2005 at 08:40 AM

ok what do u guys think about children commiting crimes like murder?

cause it does happen


RE: Should Life Imprisonment Mean Life or 40 years? by Anubis on 10-02-2005 at 09:01 AM

It depends on the crime, however if the person has commited murdur I think that Life Imprisonment is a decent punishment. However accedental man slaughter doesn't deserve life, however it could be said that normal man slaughter does warrent life; also killing in self defence (if proven) doesn't warrent life.
Again, it's hard to just give one sentence for taking a life, there's a lot more to each case than that.

Personally I don't want Ian Huntley released, I think everyone in the UK really hates what he did. It's really hard to forgive someone like that no matter how much time passes. And if he's released from jail (no matter if its now or in 40 years) he'll likely end up being killed himself, because so many people hate him. That obviously doesn't mean it's right to kill him, but someone will always want him dead.


RE: RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 10-02-2005 at 09:55 AM

quote:
Originally posted by Anubis
It depends on the crime, however if the person has commited murdur I think that Life Imprisonment is a decent punishment. However accedental man slaughter doesn't deserve life, however it could be said that normal man slaughter does warrent life; also killing in self defence (if proven) doesn't warrent life.
Again, it's hard to just give one sentence for taking a life, there's a lot more to each case than that..


Self defense is a legitimate "complete defense". Complete defenses (If the prosecution cannot disprove them; i.e the burden of proff is on the prosecution) result in the aquital of the accused. Therefore if accepted by the court, a defense of self defense will result in a not quilty verdict being returned.

As for manslaughter, many jurasdictions in the western world place a legislative maximum on the sentence for manslaughter. In Australia for example, the maximum penalty is 25 years. A judge usually cannot impose a life sentence for manslaughter.
RE: Should Life Imprisonment Mean Life or 40 years? by rav0 on 10-02-2005 at 10:37 AM

I believe 40 years minimum certainly isn't enough for Ian Huntley. His crimes are horrendous, and he doesn't deserve to be among us.

Lest it be, what if your girlfriend/boyfriend was his victim? I would imagine you would have no sympathy for him whatsoever.

Life imprisonment should mean just that, not 25 years or whatever finite number it is. If the court sentences someone to life imprisonment, it should not be simply an emotional term for something less severe.


RE: Should Life Imprisonment Mean Life or 40 years? by evil_panda on 10-02-2005 at 12:10 PM

Depends on the crime...but i belive something bad enough to deserve life should be life becasue it would have to be pritty bad although once you have been to prison you dont need life for it to ruin you life. I think it restricts you to go abroard etc. But life should be life becasue thats what it says dont it "LIFE" :)


RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 10-02-2005 at 01:17 PM

Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.


RE: Should Life Imprisonment Mean Life or 40 years? by myrtle on 10-03-2005 at 07:18 AM

Are you sure?? LOL!


RE: RE: Should Life Imprisonment Mean Life or 40 years? by rav0 on 10-03-2005 at 10:04 AM

quote:
Originally posted by -rafy-
Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.

Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.
RE: Should Life Imprisonment Mean Life or 40 years? by lordy on 10-03-2005 at 10:38 AM

quote:
Originally posted by rav0
Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.

it depends on what state you are in, and is determined by the judge that presides over the case, usually 15-25 years. however we do, in Victoria at least, have a 'life never to be released' sentence, which means you never get released ;)

RE: Should Life Imprisonment Mean Life or 40 years? by Ash_ on 10-03-2005 at 10:40 AM

i believe in a life for a life. why should he/she get the pleasure of life, even if it is in a cell for the rest of their life. should be sent straight to their afterlife where they can be judged and sent to a bad place.


RE: RE: RE: Should Life Imprisonment Mean Life or 40 years? by -rafy- on 10-03-2005 at 11:57 AM

quote:
Originally posted by rav0
quote:
Originally posted by -rafy-
Whats the situation in other countries on murder?

In Australia, mandatory sentencing dictates a compulsary LIFE sentence for ALL convicted of any murder.

Someone said that the life sentence in Australia means only 25 years, not the rest of your life (I sound like a Powerball ad), which is where the problem is IMO.



Yeah i say it in an extensive post in this thread somewhere near the start of it.


The legeslation in NSW  is as follows:

· Section 19A Crimes Act:
· (1) A person who commits the crime of murder is liable to imprisonment for life.
· (2) A person sentenced to imprisonment for life for the crime of murder is to serve that sentence for the term of the person's natural life.
· (3) Nothing in this section affects the operation of s.21(1) of the Crimes (Sentencing Procedure) Act 1999

Subsection 1: This basically says that if you murder somebody you can get life imprisonment

Subsetion 2: This section was added in the Crimes Amendment (Sentencing proceedures) Act (NSW). It says that the punishment of Life imprisionment MEANS life imprisonment.

Subsection 3: This acts as a judical safeguard. This recgnises that not all crimes are the same, some murders may be worse than others. It protects the discretion of a judge to weigh up the facts of the case and impose a sentence within the sentencing guidelines. (This is what s21 of that Act refers to). Therefore Subsection 3 alows a judge to impose a life sentence that is not in fact a natural life sentence. That is; the judge may impose the 25 year definition of life, and impose a parole period.

It gives the judge discretion. But also says that those convicted of a murder that posseses certain characteristics should get life imprisonment (that is defined within the crimes Act) i.e after taking mitigating factors into account.

The common law precedents for this are:

Ibbs v The Queen (1987) 163 CLR 447, and,
Veen (No. 2) (1986) 164 CLR 465