Also known as:life imprisonments · life sentence · imprisonment for life
Written by attorneys · grounded in primary & secondary sources — see below
A sentence of imprisonment lasting for the remainder of the defendant's natural life. The sentence may carry or exclude the possibility of parole depending on the statute and the offense. Eighth Amendment limits restrict its use for juveniles convicted of non-homicide crimes.
Sources & Authorities· 13 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Juvenile Non-Homicide Sentence Vacated
Logan Lane, age sixteen, was convicted of armed robbery that caused no death. The trial court imposed life imprisonment without parole. On appeal the sentence was vacated because the Eighth Amendment forbids that punishment for a juvenile in a non-homicide case.
Jury Finding Required for Life Term
Laura Lewis was convicted of a drug offense. The judge found additional facts that raised the maximum sentence to life imprisonment. The appellate court reversed because those facts had to be found by the jury beyond a reasonable doubt.
Lucas Lee was convicted after a jury trial. The judge applied the guidelines and selected a range whose upper end reached life imprisonment. The sentence was upheld once the guidelines were treated as advisory rather than mandatory.
United States v. Booker543 U.S. 220 (2005)
Counsel Performance Affects Life Sentence
Lillian Locke received a life sentence after her lawyer failed to present available mitigation evidence. The court later granted relief because the deficient performance created a reasonable probability of a different sentence.
Strickland v. Washington466 U.S. 668 (1984)
Racial Bias Claim in Life Sentence
Levi Lowe was sentenced to life imprisonment. He presented statistical evidence that race influenced capital charging decisions. The court rejected the claim because the statistics did not prove purposeful discrimination in his own case.
McCleskey v. Kemp481 U.S. 279 (1987)
Plea Avoids Risk of Life Term
Lily Lopez faced a capital charge carrying a possible death sentence. She pleaded guilty in exchange for a life sentence. The plea was upheld because the choice between death and life imprisonment was a valid consideration supporting voluntariness.
Brady v. United States397 U.S. 742 (1970)
Common questions
Frequently Asked
3
When may a juvenile receive life imprisonment without parole?+
A juvenile may receive life imprisonment without parole only for homicide offenses. The Eighth Amendment categorically bars that sentence for non-homicide crimes committed by minors.
Supporting sources
Must facts authorizing a life sentence be found by a jury?+
Yes. Any fact that increases the statutory maximum to life imprisonment must be submitted to the jury and proved beyond a reasonable doubt.
Supporting sources
How does ineffective assistance affect a life sentence?+
A life sentence may be vacated if counsel's deficient performance creates a reasonable probability that the sentencer would have imposed a lesser punishment.
Supporting sources
466 U.S. 668 (1984)Criminal Procedure
…of death is qualitatively different from a sentence of imprisonment, however long. Death, in its finality, differs more from life imprisonment than a 100-year prison term differs from one of only a year or two. Because of that qualitative difference, there is a corresponding difference in the need for reliability in the…