TY - JOUR
T1 - Life imprisonment and human dignity
AU - Cuneo, Silvio
N1 - Publisher Copyright:
© 2021, Corporacion Universitaria Republicana. All rights reserved.
PY - 2021/1/1
Y1 - 2021/1/1
N2 - Recognition of human dignity and respect for fundamental human rights cannot be restricted to a single category of human beings. The idea that anyone could be considered non-persona, to whom an “Enemy criminal law” may be applied, is incompatible with an ultima ratio liberal notion of criminal law. The humanisation of criminal law is manifested in the growing number of contemporary societies that have abolished or limited the death penalty. Nevertheless, life or long-term imprisonment sentences still prevail, and are on the rise, despite lacking theoretical or philosophical justification in the laws that prescribe them. In this article we will attempt to answer various questions regarding a possible justification for life imprisonment. Different theories will be examined regarding the goals of sentencing in order to determine, on discussing each theory, whether it is possible to justify life imprisonment or other long-term incarceration.
AB - Recognition of human dignity and respect for fundamental human rights cannot be restricted to a single category of human beings. The idea that anyone could be considered non-persona, to whom an “Enemy criminal law” may be applied, is incompatible with an ultima ratio liberal notion of criminal law. The humanisation of criminal law is manifested in the growing number of contemporary societies that have abolished or limited the death penalty. Nevertheless, life or long-term imprisonment sentences still prevail, and are on the rise, despite lacking theoretical or philosophical justification in the laws that prescribe them. In this article we will attempt to answer various questions regarding a possible justification for life imprisonment. Different theories will be examined regarding the goals of sentencing in order to determine, on discussing each theory, whether it is possible to justify life imprisonment or other long-term incarceration.
KW - General prevention
KW - Life sentence
KW - Retributionpsychosocial development stages
KW - Special prevention
UR - https://www.scopus.com/pages/publications/85112574955
U2 - 10.21017/rev.repub.2021.v30.a103
DO - 10.21017/rev.repub.2021.v30.a103
M3 - Article
AN - SCOPUS:85112574955
SN - 1909-4450
SP - 193
EP - 211
JO - Revista Republicana
JF - Revista Republicana
IS - 30
ER -