Perpetual prison. Long-term sentences, constitutionality and effectiveness in the comparative criminal system.

Abstract

What is the purpose of imposing a sentence? Public opinion fervently demands justice and security, and this is precisely the conflict: the tension between security and human dignity. We observe astonished how longer sentences, even life sentences, are demanded and approved, which, in return, does not result in a decrease in crime, much less in more security. For its part, unrestricted respect for human dignity and contempt for cruel, inhuman or degrading treatment are constitutionally and conventionally recognized. In between these two, the penalty is justified in an apparent conciliation, provided that, although perpetual, it establishes a review mechanism. The regulatory work increases penalties and implements life sentences, under the pretext of an alleged duty to protect, which does not entail substantial improvements without a background criminal policy. In this process, resocialization is forgotten in favor of the mere exclusion of the individual.