Life Without Parole, America's Other Death Penalty

Abstract

Life without parole is examined as a form of death penalty, namely, death by incarceration as distinct from death by execution. Original interviews with a sample of prisoners (condemned prisoners and life-without-parole prisoners) and prison officers are used to develop a picture of the experience of life under sentence of death by incarceration. It is argued that offenders sentenced to death by incarceration do not pose a special danger to others in the prison world or in the free world and that the suffering they experience is comparable to the suffering endured by condemned prisoners. Life without parole thus emerges as a viable alternative to the capital punishment. L ife without parole is sometimes called a "true life sentence" because offenders are sentenced to spend the remainder of their natural lives in prison. A better term for this sentence might be death by incarceration, as these persons are, in effect, sentenced to die in prison. Indeed, it is argued here that the sentence of life in prison without the possibility of parole can be equally as painful as the death penalty, albeit in different ways. The sentence can thus be thought of as "our other death penalty."

On the meaning of life: A qualitative interpretive meta synthesis of the lived experience of life without parole

“…I'll never feel that emotion again' (p. 11). Mental health prior to incarceration and when newly incarcerated (Leigey, 2009) Sources of dissatisfaction (Abraham, 2011) Hope based on legal changes (Abraham, 2011) Life in prison as punishment (Johnson & McGunigall-Smith, 2008) Pains of life imprisonment (Johnson & McGunigall-Smith, 2008) Punishment, ruined lives, and the limits of retribution (Johnson & McGunigall-Smith, 2008) Coping with reality Exercising personal choice Keeping a positive outlook Forging meaning Positive forces (Abraham, 2011) Achieving autonomy (Johnson & Dobrzanska, 2005) Achieving security (Johnson & Dobrzanska, 2005) Caring for self and others (Johnson & Dobrzanska, 2005) Adjusting to the LWOP sentence (Leigey, 2009) Discovering resilience…”

“…The LWOP sentence is frequently equated to the death penalty as an ultimate consequence, termed as 'death by incarceration' (Johnson & McGunigall-Smith, 2008), 'a virtual death sentence' (Villaume, 2005), and 'the penultimate penalty' (Wright, 1991, p. 339). Jewkes (2005) compares the life sentence to diagnosis with a terminal illness.…”

“…Jewkes (2005) compares the life sentence to diagnosis with a terminal illness. In practicality, LWOP is a civil death for the prisoner, who is sentenced to live a shadow life within the walls of the prison and die behind bars (Appleton & Grøver, 2007;Johnson & McGunigall-Smith, 2008, Villaume, 2005. Importantly, for social workers committed to the human worth and dignity of individuals, 'life without parole sentences .…”

“…discount the capacity for personal growth and rehabilitation that comes with the passage of time' (Nellis & King, 2009, p. 3). It is not surprising, therefore, that one third to one half of LWOP inmates studied find the death penalty preferable to a life sentence with no possibility of release (Johnson & McGunigall-Smith, 2008;Wright, 1991).…”

“…Leigey's (2010) review indicates that LWOP inmates struggle with the transition to imprisonment, experiencing intense feelings of anger and revenge; however, over time, LWOP inmates do become adjusted to incarceration and in fact exhibit fewer mental health disturbances and fewer instances of institutional misconduct than the general prison population. Johnson and McGunigall-Smith (2008) found that the primary reason for good behavior by LWOP inmates is an attempt to make their experience as positive and pleasant as possible since there is little hope for a better life at a later time. However, findings to date leave much room to question the human consequences of a terminal sentence.…”