NCJ Number
187833
Date Published
2000
Length
4 pages
Annotation
This paper discusses decisionmaking with regard to imposition of discretionary life sentences.
Abstract
A discretionary life sentence may be imposed where an offense is considered grave enough to require a very long sentence and the offender is mentally unstable and likely to remain a potential danger for an uncertain time. Those convicted of murder are sentenced to a mandatory life sentence. Only those convicted of murder under the age of 18 are within the Discretionary Lifer Panel (DLP) system. Those subject to discretionary life sentences have the right to regular, independent reviews once the punishment part of their sentence has ended. These reviews are conducted by DLPs of the Parole Board. Continuing detention can only be justified on the grounds that an individual's release poses an unacceptable risk to the public. A study of DLP decision making disclosed that, among other things: (1) decisions were reached after careful and thorough consideration; (2) the independence and judicial nature of DLPs should be recognized; (3) panels explicitly separating decisions about risk from decisions about directions or recommendations could lead to greater clarity in decision making; and (4) the significance of a prisoner being "post-punishment" is not sufficiently considered because of concentration on issues of current risk by DLPs. Figure, note