A life sentence in Tulsa, Oklahoma, is generally interpreted by the Oklahoma Department of Corrections as 45 years. However, a sentence of life without parole (LWOP) means the individual will remain incarcerated for the remainder of their natural life.
Understanding Life Sentences in Oklahoma
In Oklahoma, the term "life sentence" can have different practical implications depending on the specific type of sentence handed down. While the legal definition of "life" might imply the duration of one's natural life, the state's correctional system often applies a specific numerical value for certain sentencing purposes.
- Standard Life Sentence: For offenses not designated as "life without parole," a life sentence is commonly calculated as 45 years for eligibility purposes, such as parole consideration. This doesn't mean a person will serve 45 years, but rather that 45 years is the full term for calculations like time served credits.
- Parole Eligibility: In many cases, individuals serving a standard life sentence become eligible for parole after serving a certain portion of their sentence, which can vary based on the crime and specific state statutes.
Distinguishing Between Sentence Types
It's crucial to understand the difference between a standard life sentence and a life without parole sentence.
| Sentence Type | Definition | Parole Eligibility | Potential Release |
|---|---|---|---|
| Life Sentence | Often treated as 45 years by the Oklahoma Department of Corrections. | Generally eligible | Through parole board review after serving minimum time. |
| Life Without Parole (LWOP) | Imprisonment for the entirety of the convicted individual's natural life. | Not eligible | Only through successful appeal (vacated conviction), commutation, or pardon. |
Life Without Parole (LWOP): No Early Release
When a defendant receives a sentence of life without parole (LWOP), it signifies a permanent incarceration. There is no possibility of parole, meaning the individual will remain in prison for the duration of their life unless specific extraordinary legal events occur. These events are rare and typically include:
- Vacated Conviction: If the conviction is overturned or vacated by a higher court, leading to release or a new trial.
- Commutation: A reduction of the sentence by the Governor, often upon recommendation from a pardon and parole board. This is a discretionary act of clemency.
Factors Influencing Time Served
For those serving a standard life sentence that allows for parole, the actual time spent incarcerated can be influenced by several factors, including:
- Good Behavior Credits: Inmates can earn credits for good conduct, which can reduce the time required to be served before parole eligibility.
- Participation in Programs: Engaging in educational, vocational, or rehabilitative programs within the correctional system can sometimes positively impact parole consideration.
- Pardon and Parole Board Decisions: The final decision regarding parole release rests with the Oklahoma Pardon and Parole Board, which considers various factors including the inmate's conduct, risk to the community, and rehabilitation efforts.
Conclusion:
In Oklahoma, a "life sentence" generally means 45 years for the purpose of correctional calculations and parole eligibility, unless it is specifically designated as life without parole (LWOP), which means incarceration for the remainder of the individual's natural life.
