Also known as: life imprisonment without parole · life without parole · life without the possibility of parole · LWOP · life without parole sentence
Written by attorneys · grounded in primary & secondary sources — see below
A criminal sentence requiring the defendant to remain incarcerated for the rest of his or her natural life with no eligibility for parole release. The sentence is subject to categorical Eighth Amendment limits when imposed on juvenile offenders for non-homicide offenses.
Lamar Lewis, age sixteen, contaminated food orders at a restaurant as a prank, sickening many customers but causing no deaths. After conviction on multiple non-homicide felonies, the court imposed life imprisonment without the possibility of parole. The sentence is unconstitutional because the offender was a juvenile and the crimes involved no homicide.
Lila Lin was convicted of possessing more than 650 grams of cocaine. The trial court imposed life imprisonment without the possibility of parole under a mandatory sentencing statute. The sentence stands because the offender was an adult and the Eighth Amendment permits the penalty for this serious drug offense.
Select any source to read its text and confirm it supports the definition.
Laura Lewis passed a bad check for one hundred dollars after prior nonviolent felony convictions. The court sentenced her to life imprisonment without the possibility of parole under the state recidivist statute. The sentence violates the Eighth Amendment because it is grossly disproportionate to the offense.
Liam Larson, age fourteen, was convicted of murder. State law required life imprisonment without the possibility of parole with no opportunity for the sentencer to consider youth or other mitigating factors. The mandatory scheme is unconstitutional because it denies individualized consideration of the offender's age and circumstances.
Lance Lee, age seventeen, was convicted of capital murder. The court imposed the death penalty. The sentence is unconstitutional because the offender was under eighteen at the time of the crime, triggering a categorical prohibition on capital punishment for juveniles.
Lily Lopez was convicted of RICO violations arising from an obscenity business. The court ordered forfeiture of all assets connected to the enterprise in addition to a prison term. The forfeiture counts as punishment because it serves retributive and deterrent goals beyond mere remedial aims.
The Eighth Amendment categorically prohibits the sentence for a juvenile convicted of a non-homicide offense. The rule rests on the offender's age at the time of the crime and the absence of homicide, regardless of how serious or repeated the non-homicide conduct was. A state may impose a lengthy term of years or life with parole eligibility but cannot foreclose any realistic opportunity for release at the outset.
Supporting sources
Yes. Mandatory schemes that impose life without parole on juvenile homicide offenders violate the Eighth Amendment. The sentencer must have discretion to consider the mitigating qualities of youth and the offender's individual circumstances before imposing the sentence.
Supporting sources
It can be unconstitutional if grossly disproportionate to the offense. A sentence of life without parole for passing a bad check after prior nonviolent felonies violates the Eighth Amendment because the punishment is so disproportionate that possibilities of commutation do not cure the constitutional defect.
Supporting sources
…of uttering a “no account” check for $100. Because he had three prior convictions for similar offenses, he was sentenced to life imprisonment without parole under the state’s recidivist statute. After the South Dakota Supreme Court affirmed the sentence, the respondent filed a federal habeas corpus petition, alleging, inter alia , that his…