'DANGEROUS' AND 'DEVIOUS': EXPLORING JUDICIAL RATIONALES WHEN IMPOSING DISCRETIONARY SENTENCES OF LIFE IMPRISONMENT

Existing research on life imprisonment focuses on interrogating the sentence from a human rights perspective, exploring lived experiences, and examining release processes. There are few studies that analyse the judicial practice of imposing life imprisonment. This article examines judicial rationales in imposing and upholding discretionary sentences of life imprisonment in Ireland, from 1987 to 2022. The findings indicate that it is selectively imposed (primarily for sexual or homicide offences). Sentence selection is frequently influenced by the multiplicity of offending, the exceptional nature of the crime(s) and the vulnerability of the victim(s). Factors such as the risk of reoffending and previous criminal history also appeared to influence sentence outcomes. The indeterminate nature of the sentence was viewed as beneficial in addressing concerns relating to public protection.