Pub Date : 2021-06-04DOI: 10.1093/oso/9780198827825.003.0004
Marion Vannier
In courtrooms, defence attorneys, too, rely on LWOP to avoid a death sentence for their client. In examining sentencing pathways, Chapter 3 finds that very little space is given to prosecutors, lawyers, and judges and jurors to discuss or debate, evaluate, and review the severity of LWOP. In part, this has to do with how the sentencing mechanisms—such as plea bargaining, mandatory application, and proportionality review—detach the offender, in particular his or her level of culpability, from the punishment. This chapter triangulates textual analysis of criminal and sentencing laws in California and interviews with prosecutors and defence lawyers. It also relies on a small statistical component of data on LWOP and death sentences collected from two district attorney’s offices (Alameda and Los Angeles).
{"title":"Settling and Pleading for LWOP","authors":"Marion Vannier","doi":"10.1093/oso/9780198827825.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780198827825.003.0004","url":null,"abstract":"In courtrooms, defence attorneys, too, rely on LWOP to avoid a death sentence for their client. In examining sentencing pathways, Chapter 3 finds that very little space is given to prosecutors, lawyers, and judges and jurors to discuss or debate, evaluate, and review the severity of LWOP. In part, this has to do with how the sentencing mechanisms—such as plea bargaining, mandatory application, and proportionality review—detach the offender, in particular his or her level of culpability, from the punishment. This chapter triangulates textual analysis of criminal and sentencing laws in California and interviews with prosecutors and defence lawyers. It also relies on a small statistical component of data on LWOP and death sentences collected from two district attorney’s offices (Alameda and Los Angeles).","PeriodicalId":275233,"journal":{"name":"Normalizing Extreme Imprisonment","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123041812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-04DOI: 10.1093/oso/9780198827825.003.0006
Marion Vannier
The concluding Chapter 5 offers a new explanation for how reforms and those driving them can end up normalizing, in the sense of making the public view as acceptable, incredibly severe punitive practices. While not responsible for activating mechanisms of normalization, some death penalty abolitionists have nonetheless helped to maintain and reinforce them. In the shadow of the traditional death penalty, an inhumane form of punishment has proliferated and been championed by a range of penal progressive reformers. This chapter then brings the story to the present. It shows how LWOP is developing in other states and the rest of the world and discusses the dangers of using life imprisonment to challenge LWOP.
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Pub Date : 2021-06-04DOI: 10.1093/oso/9780198827825.003.0005
Marion Vannier
Chapter 4 sheds light on the punishment’s extreme severity. It is commonly assumed that LWOP differs from traditional death sentences because it preserves prisoners’ lives. Drawing on the 299 letters written by men and women serving LWOP in California, this chapter reveals other meanings of death, complicating conventional categorizations of punishments. Prisoners’ testimonies point to the certainty of dying behind bars as well as to the concomitant impossibility to quantify the time left to serve. Death also takes on a more embodied dimension, provoked by ageing and diseased bodies, as well as through the removal of parenthood and parenting. Death under LWOP is characterized by an indifference for prisoners’ human capacity to change.
{"title":"Prisoners’ Experiences of LWOP","authors":"Marion Vannier","doi":"10.1093/oso/9780198827825.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780198827825.003.0005","url":null,"abstract":"Chapter 4 sheds light on the punishment’s extreme severity. It is commonly assumed that LWOP differs from traditional death sentences because it preserves prisoners’ lives. Drawing on the 299 letters written by men and women serving LWOP in California, this chapter reveals other meanings of death, complicating conventional categorizations of punishments. Prisoners’ testimonies point to the certainty of dying behind bars as well as to the concomitant impossibility to quantify the time left to serve. Death also takes on a more embodied dimension, provoked by ageing and diseased bodies, as well as through the removal of parenthood and parenting. Death under LWOP is characterized by an indifference for prisoners’ human capacity to change.","PeriodicalId":275233,"journal":{"name":"Normalizing Extreme Imprisonment","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132767656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-04DOI: 10.1093/oso/9780198827825.003.0002
Marion Vannier
Chapter 1 turns to the Californian Congress where opponents of the death penalty first lobbied for LWOP before legislators. It critically examines the period during which the idea of sentencing offenders to life imprisonment with no possibility of release first emerged, starting in the early 1900s and culminating with the introduction of LWOP for capital murder in 1978 in the Californian Penal Code. What emerges from this archival research is that different experts—prison wardens, police officials, academics, spiritual leaders, and criminologists—offered LWOP as a strategic way for legislators to argue against the death penalty. This novel approach was however diverted from its progressive endeavours to serve more punitive agendas. Legislators concerned with preserving capital punishment in contexts of sensationalized crimes and early forms of populist demands drove the reforms that introduced LWOP. This historical investigation reveals that the punishment’s particular severity can serve agendas which are seemingly in tension with one another.
{"title":"The Origins of LWOP in California","authors":"Marion Vannier","doi":"10.1093/oso/9780198827825.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198827825.003.0002","url":null,"abstract":"Chapter 1 turns to the Californian Congress where opponents of the death penalty first lobbied for LWOP before legislators. It critically examines the period during which the idea of sentencing offenders to life imprisonment with no possibility of release first emerged, starting in the early 1900s and culminating with the introduction of LWOP for capital murder in 1978 in the Californian Penal Code. What emerges from this archival research is that different experts—prison wardens, police officials, academics, spiritual leaders, and criminologists—offered LWOP as a strategic way for legislators to argue against the death penalty. This novel approach was however diverted from its progressive endeavours to serve more punitive agendas. Legislators concerned with preserving capital punishment in contexts of sensationalized crimes and early forms of populist demands drove the reforms that introduced LWOP. This historical investigation reveals that the punishment’s particular severity can serve agendas which are seemingly in tension with one another.","PeriodicalId":275233,"journal":{"name":"Normalizing Extreme Imprisonment","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121286823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-04DOI: 10.1093/oso/9780198827825.003.0003
Marion Vannier
Chapter 2 explores the broader political sphere and focuses on the strategies developed by two of the most vocal organizations involved in the Savings Accountability and Full Enforcement (SAFE) Campaign of 2012 in California (hereinafter SAFE Campaign): The ‘American Civil Liberties Union of Northern California’ (ACLU-NC) and ‘Death Penalty Focus’ (DPF). This chapter of the book combines an analysis of pamphlets, flyers, and public discourses, with a narrative informed by interviews with some of the Campaign’s most vocal activists. The politics of abolition in the public sphere are characterized by a progressive instrumentalization of LWOP’s severity that is shaped by penal populist paradigm shifts and heightened fiscal concerns.
{"title":"Campaigning for LWOP","authors":"Marion Vannier","doi":"10.1093/oso/9780198827825.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198827825.003.0003","url":null,"abstract":"Chapter 2 explores the broader political sphere and focuses on the strategies developed by two of the most vocal organizations involved in the Savings Accountability and Full Enforcement (SAFE) Campaign of 2012 in California (hereinafter SAFE Campaign): The ‘American Civil Liberties Union of Northern California’ (ACLU-NC) and ‘Death Penalty Focus’ (DPF). This chapter of the book combines an analysis of pamphlets, flyers, and public discourses, with a narrative informed by interviews with some of the Campaign’s most vocal activists. The politics of abolition in the public sphere are characterized by a progressive instrumentalization of LWOP’s severity that is shaped by penal populist paradigm shifts and heightened fiscal concerns.","PeriodicalId":275233,"journal":{"name":"Normalizing Extreme Imprisonment","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116817332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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