Life imprisonment in Asia/ Dirk van Zyl Smit, Catherine Appleton, Giao Vucong, editors.
Van Zyl Smit, Dirk.; Appleton, Catherine.; Vucong, Giao.
2023
HV8711
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Title
Life imprisonment in Asia/ Dirk van Zyl Smit, Catherine Appleton, Giao Vucong, editors.
ISBN
9789811946646 (electronic bk.)
9811946647 (electronic bk.)
9811946639
9789811946639
DOI
https://doi.org/10.1007/978-981-19-4664-6
Publication Details
Singapore : Palgrave Macmillan, 2023.
Language
English
Description
1 online resource.
Item Number
10.1007/978-981-19-4664-6 doi
Call Number
HV8711
Dewey Decimal Classification
364.6095
Summary
Life imprisonment is the punishment most often imposed worldwide for what societies regard as the most serious offences. Yet, in Asia the phenomenon has never been studied systematically. Life Imprisonment in Asia fills this major gap. It brings together thirteen new essays on life imprisonment in key jurisdictions in the region. Each chapter consolidates what is known about the law and practice of life imprisonment in the jurisdiction and then explores aspects of the imposition or implementation of life sentences that the authors regard as particularly problematic. In some instances, the main issue is the imposition of life sentences by the courts and their relationship to the death penalty. In others, the focus is on the treatment of life sentenced prisoners. In many instances, the most prominent question is whether life sentenced prisoners should be released and, if so, according to what processes. In the overview chapter, the editors place the complex picture that emerges of life imprisonment in Asia in a global context and point to reforms urgently required to ensure that Asian life sentences meet international human rights standards. Life Imprisonment in Asia should be read by everyone who has an interest in just punishments for serious offences, not only in Asia, but throughout the world. It will be an invaluable tool for lawyers, criminologists, policy makers and penal reform advocates in the region and beyond. Dirk van Zyl Smit is Emeritus Professor of Comparative and International Penal Law, University of Nottingham and Emeritus Professor of Criminology, University of Cape Town. Catherine Appleton is Senior Research Fellow at the Centre for Research and Education in Security, Prisons and Forensic Psychiatry, St Olavs Hospital and at the Department of Mental Health, Norwegian University of Science and Technology in Trondheim. Vucong Giao is Head of the Department of Constitutional and Administrative Law and Director of the Research Center for Human and Citizens Rights under School of Law, Vietnam National University, Hanoi (VNU-LS).
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Added Author
Van Zyl Smit, Dirk.
Appleton, Catherine.
Vucong, Giao.
Series
Palgrave advances in criminology and criminal justice in Asia.
Available in Other Form
Print version: 9789811946646
Print version: 9789811946639
LIFE IMPRISONMENT IN ASIA.
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Intro
Acknowledgments
Contents
List of Contributors
List of Figures
List of Tables
1 Asian Life Imprisonment in Worldwide Perspective
1.1 Introduction
1.1.1 Questioning Life Imprisonment in Asia
1.1.2 The Pioneering Conference
1.2 Life and Death
1.3 The Compexity of Life Imprisonment
1.3.1 Definition
1.3.2 Historical Roots
1.3.3 Statistics
1.3.4 Imposition and release
1.3.5 Life in Prison
1.4 Normative Standards
1.5 Conclusion
References
2 Life Imprisonment in Australia: Restoring a Hope of Release and the Phuong Ngo Case

2.1 Introduction
2.2 The Sentence of Life Imprisonment in Australian Jurisdictions
2.3 NSW Murder Case Study
2.3.1 Background
2.3.2 The murder of John Newman and subsequent court proceedings
2.3.3 Compliance with ICCPR
2.3.4 ECtHR Jurisprudence
2.3.5 The Royal prerogative of mercy and compliance with international obligations
2.3.6 Remedies
2.4 Conclusion
References
3 Life Imprisonment in Bangladesh: Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners
3.1 Introduction
3.2 Life Sentences in Bangladesh: The Legislative Landscape

3.3 Facilities for Life-Sentenced Prisoners: The Law and the Grim Reality
3.3.1 Governing Laws and Policies
3.3.1.1 Constitutional Protection of Life-Sentenced Prisoners in Bangladesh
3.3.1.2 Legislative Protection of Life-Sentenced Prisoners in Bangladesh
3.3.1.3 Obligations of Bangladesh Under International Commitments
3.3.2 Reality of Life-Sentenced Prisoners in Bangladesh
3.4 Ensuring a Constructive Prison Experience for Life-Sentenced Prisoners
3.5 Concluding Observations
References
4 Life Imprisonment in China
4.1 Introduction

4.2 Legal Framework and Features of Life Imprisonment in China
4.2.1 Provisions for Life Imprisonment in the Criminal Law of the PRC
4.2.2 Key Features of Life Imprisonment in China
4.3 Release from Life Imprisonment in China
4.3.1 Commutation
4.3.2 Conditional Release (Parole)
4.3.2.1 Conditions of Conditional Release (Parole)
4.3.2.2 Parole Period and Revocation
4.3.3 Procedures for Commutation and Parole
4.3.3.1 Who Has the Authority to Grant Commutation and Parole?
4.3.3.2 Commutation Hearing and Parole Hearing
4.4 Gaps Between Chinese and International Norms

4.5 Ways to Improve Life Imprisonment and Its Release Procedures in China
4.5.1 Restrict the Range of Crimes or Circumstances Where Life Imprisonment Is Applicable
4.5.2 Improve the Application Rate of Parole
4.5.3 Reform Release Procedures
4.5.4 Improve the Community Correction System
References
5 Life Imprisonment in Hong Kong
5.1 Introduction
5.2 Life Imprisonment in Hong Kong-The Legal Framework
5.2.1 Crimes and Exemptions
5.2.2 Formal and Informal Life Sentences
5.2.3 Judicial Decision-Making
5.2.4 Options for Release

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