NCJ Number
199784
Date Published
2002
Length
215 pages
Annotation
This book reviews and examines the history and evolution of a legal body that was established in England and Wales in October 1992, i.e., the Discretionary Lifer Panel of the Parole Board (DLP), which is responsible for deciding whether and when discretionary life sentence prisoners should be released.
Abstract
The term "discretionary life sentence prisoner" is generally used to distinguish those for whom the judge has given a life sentence because of the risk the offender poses to the public from those for whom a life sentence is mandatory (murderers). The first two chapters provide the context for later discussions, as they describe the various life sentences available in English law and the life sentence as served in English prisons. The third chapter explores the background and reasoning applied in the landmark "Thynne" case and the equally important case of "Weeks," both of which were decided by the European Court of Human Rights and led to the establishment of DLPs. Chapters then recount the legislative and administrative actions by the British Government in establishing DLPs. This includes a review of the operation of the DLPs in the first 8 years of their existence. This is followed by a comparison of the DLP system with other processes that govern the release of those in custody in England and Wales under long determinate sentences, as well as those involuntarily detained in mental institutions. Chapters contain the case studies of key prisoners under the current legal and political context. The book concludes by arguing that the European Court of Human Rights should not be viewed as the only force that is driving change in this area, since domestic judges have also been concerned about the issue of discretionary life sentences. Judges should be more precise in defining discretionary "life sentences," but the DLPs offer hope that individuals will not remain in prison for an indefinitely long period of time only because of the imprecise and undefined risk that they present to the public. Appended excerpts from relevant court cases and legislation, 115 references, and a subject index