The Life Without Parole Bill

iconAs part of Griftfdrift’s lawyer caucus, here are my thoughts on SB13, the life without parole bill.

First, a little background:

Life without parole is only available if one seeks the death penalty. The jury then has the ability to choose between death or life without parole (LWOP). In non-death penalty murders, there’s only one option – life with parole (Life). Note: On a life sentence, you are eligible after 30 years.

Section 1 allows prosecutors to seek an LWOP sentence on all murders. Will this cut down on death penalty cases? Absolutely, but it will not mean the end to the death penalty in Georgia.

Section 5 allows death penalty jurors three options – Death, LWOP or Life. This was probably a compromise provision. If the State’s going through the hoops of a death penalty trial, it’s unlikely that the crime warrants Life over LWOP. But hey, the option is always nice.

When I first read Section 3, it appeared to me that it would allow for LWOP for serious violent felonies aka The Seven Deadlies, but I believe my first reading was incorrect and I was thrown off by some of the language. I think it just clarifies that when they say “life without parole” they really mean it. Heh.

Assuming my second reading is correct, I withdraw any major criticisms of this bill.


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One response to “The Life Without Parole Bill”

  1. Sarawaraclara Avatar
    Sarawaraclara

    I think it seems like a good bill, and was prepared to accept it even if it potentially made LWOP available for the 7 deadlies. I’m amazed that LWOP is not currently an option for a DA unless they pursue a death sentence–it gives such a huge incentive to the DA to over-charge murders that probably should not be death penalty cases, just to ensure they have the LWOP option. Inevitably that practice results in some death sentences in cases where the facts don’t really merit the DP.

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