Replacing Death with Life? The rise of LWOP in the context of Abolitionist Campaigns in the United States
Publication in refereed journal

香港中文大學研究人員

其它資訊
摘要On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP is a chronic and latent form of ultimate punishment that strips life of its most valuable existential character. Second, the findings explore the connection between the rise of LWOP and the nationwide campaign against capital punishment. It explains that the abolition campaign normalized and accentuated LWOP as a symbolic substitute for the death penalty. The research reveals the thorny ethical and moral dilemmas facing anti-death penalty activists at the forefront of the abolitionist movement. Third, this Article demonstrates that the judicial use of LWOP and capital punishment at the state level does not support the claim that the expansion of LWOP caused a decline in capital punishment. In sum, LWOP has not merely been employed as a penal punishment for the United States’ most incorrigible criminal offenders—it has also been used as a strategic instrument to reshape American penal politics.
出版社接受日期10.02.2018
著者M Miao
期刊名稱Northwestern Journal of Law and Social Policy
出版年份2020
卷號15
期次2
文章號碼2
頁次173 - 223
語言美式英語
關鍵詞Life without the Possibility of Parole, Death Penalty, Abolition

上次更新時間 2020-21-05 於 11:51