LIFE IMPRISONMENT IN SCANDINAVIA: THE …

1 life IMPRISONMENT IN SCANDINAVIA: THE ULTIMATE PUNISHMENT IN THE PENAL ENVIRONMENTS OF DENMARK, FINLAND, AND SWEDEN By Doris Schartmueller A Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy in Political Science Northern Arizona University August 2015 Approved: Professor Frederic I. Solop, , Chair Professor Jacqueline Vaughn, Professor Neil Websdale, Professor Matti Tolvanen, Doctor of Laws ii ABSTRACT life IMPRISONMENT IN SCANDINAVIA: THE ULTIMATE PUNISHMENT IN THE PENAL ENVIRONMENTS OF DENMARK, FINLAND, AND SWEDEN DORIS SCHARTMUELLER In the Scandinavian countries Denmark, Finland, and Sweden, criminal offenders convicted of murder and a select few other serious crimes can be sentenced to life in prison.

2 Yet, life sentences are rarely imposed, even in the case of murder, and typically do not mean that the offenders sentenced to life will really remain imprisoned for the rest of their lives. Instead, life IMPRISONMENT rarely exceeds fifteen years behind bars in all three countries. This practice raises the question of why life sentences remain a sentencing option for criminal offenders in these countries when, in practice, life sentences are not true- life sentences. By treating life IMPRISONMENT as a complex social institution that has continuously been impacted by large cultural and political processes, I will trace the similarities and differences in the imposition of life sentences, conditions of confinement for life -imprisoned offenders, and lifer release over time in Denmark, Finland, and Sweden.

3 Through comparative historical research, media report analyses, and interviews with actors in criminal justice institutions, I will explore to what extent the meaning of life IMPRISONMENT in the countries wider penal environments has changed over time and what role the ultimate form of punishment now plays in contemporary political and media debates. Keywords: Scandinavian penal policy, sociology of punishment, life IMPRISONMENT , conditions of confinement, prison release mechanismsiii ACKNOWLEDGEMENTS This dissertation developed out of the many interesting classes I took over the course of my graduate career at Northern Arizona University and my genuine interest in the Scandinavian cultures and languages. Working on this specific project over the past few years has been a challenging but fascinating academic experience.

4 Overall, it would never have been possible without the guidance of my advisor and dissertation chair, Dr. Frederic I. Solop. His untiring support was paramount on my entire graduate path, including my dissertation writing process. While he has helped me to stay focused throughout, he has always encouraged me to pursue my own interest. He has also taught me so many lessons on academic research, which I am immensely grateful for. I thank him so much for all his time, guidance, and continuous encouragement at every step of this journey. I would also like to express my sincere gratitude to my other dissertation committee members. I would like to thank Dr. Jacqueline Vaughn for her valuable feedback on my writing and her help with setting up the interviews for this project.

5 I have also learned so much from Dr. Neil Websdale about the importance and depth of theory over the past few years, and his perspectives have helped me to strengthen my work and will undoubtedly continue to do so in the future. Finally, this dissertation would also not have been possible without the valuable insight of Dr. Matti Tolvanen. With his expertise in law and Scandinavian penality, his comments and questions throughout the writing and defense process were extremely important for this project. Last but not least, I would like to thank my parents, Margit and Karl. I would never have enjoyed so many opportunities in life without their support and encouragement. Never did they lose faith in me. To them I dedicate this dissertation. iv TABLE OF CONTENTS ABSTRACT.

6 Ii ACKNOWLEDGEMENTS .. iii TABLE OF CONTENTS .. iv LIST OF TABLES .. viii LIST OF FIGURES .. ix PREFACE .. x CHAPTER I: STUDYING AND COMPARING TYPES OF PUNISHMENT WITHIN SOCIETIES .. 1 Introduction .. 1 A Nordic or Scandinavian Penal Model? .. 6 The Concepts of Penal Leniency and Penal Punitiveness .. 8 Theoretical Framework: David Garland s Sociology of Punishment .. 12 Understanding the Sociology of Punishment .. 12 Studying Specific Forms of Punishment .. 15 Penal Welfarism .. 16 Application of Garland s Framework to the Scandinavian Context .. 20 From Modern to Late Modern Society .. 22 Critiques of Garland s Approach .. 24 The Literature on life IMPRISONMENT .. 29 Research Methodology and Chapter Outline .. 33 The Research Questions.

7 33 The Purpose of a Mixed-Methodological 34 Description of the Interview Process .. 38 Study Outline .. 43 CHAPTER II: COMPARING DENMARK, FINLAND, AND SWEDEN .. 48 Scandinavian Demographics .. 48 Religion .. 53 Societal Homogeneity .. 57 Scandinavian Economic Systems .. 59 Scandinavian Political 62 v The Scandinavian Policy-Making Process .. 64 The Finnish Path towards Independence .. 66 Nordic, European, and International Penal-Legal Cooperation .. 68 The European Penal-Legal Framework .. 72 European Rules Pertaining to Conditions of Confinement .. 74 CHAPTER III: SCANDINAVIAN PENALITY .. 76 Scandinavian Modern Society and the Origins of Penal-Legal Provisions .. 76 Twentieth-Century Scandinavian Penal Policy .. 83 The Scandinavian Penal Welfare State.

8 83 Post-World War II Scandinavian Penal Policy .. 91 Scandinavian Prisoner Activism .. 94 The Scandinavian-Wide Focus on the Just Desert Principle .. 96 Late Modern Scandinavian Developments in Reported Crime and Murder Rates .. 99 Late Modern Scandinavian Developments in IMPRISONMENT Rates and Social Expenditures .. 103 Changes in Late Modern Scandinavian Penal Policy .. 108 Recent Penal-Legal Reforms .. 108 Punishment as a Political Topic .. 110 Increased Media Exposure .. 115 The Emergence of Victim Rights Organizations .. 117 Conclusion: Scandinavian Penality .. 118 CHAPTER IV: THE IMPOSITION OF life SENTENCES IN THE SCANDINAVIAN PENAL ENVIRONMENT .. 122 The Origins of the life Sentence in Scandinavian Modern Society .. 123 The Imposition of life Sentences in Late Modern Scandinavian Society.

9 127 Denmark .. 127 Finland .. 129 Sweden .. 135 Perceptions about the Imposition of life Sentences in Late Modern Danish, Finnish, and Swedish Society .. 152 CHAPTER V: PENAL CONFINEMENT OF life -IMPRISONED OFFENDERS .. 161 Conditions of Confinement in Contemporary Scandinavian Prisons .. 163 Conditions of Confinement in Contemporary Danish 165 Conditions of Confinement in Contemporary Finnish Prisons .. 169 vi Conditions of Confinement in Contemporary Swedish Prisons .. 174 Comparing Conditions of Confinement in Contemporary Scandinavian Prisons .. 176 Normality for and Reintegration of life -Imprisoned Offenders .. 179 Denmark .. 181 Finland .. 183 Sweden .. 186 Comparing Conditions of Confinement for Lifers in late modern Denmark, Finland, and Sweden.

10 192 CHAPTER VI: PRISON RELEASE MECHANISMS FOR life -IMPRISONED OFFENDERS .. 195 European Prison Release Mechanism Standards .. 197 Lifer Release in Scandinavia: Governmental Clemency vs. Judicial Release Process .. 200 Lifer Release in Denmark .. 202 Lifer Release in Finland .. 207 Lifer Release in Sweden .. 220 Lifer Reentry in Denmark, Finland, and Sweden .. 235 Conclusion: Lifer Release in Late Modern Danish, Finnish, and Swedish Society .. 238 CHAPTER VII: POLITICAL AND MEDIA DISCOURSE AROUND life IMPRISONMENT IN LATE MODERN SCANDINAVIAN SOCIETY .. 241 life IMPRISONMENT as a Political Topic .. 241 life IMPRISONMENT as a Topic of Public Debate and Media Exposure .. 246 Media Reporting on life IMPRISONMENT in Denmark .. 248 Media Reporting on life IMPRISONMENT in Finland.