85:, with the role of prisons seen as reforming prisoners, who were imprisoned until reform was achieved. The concepts of parole and indeterminate sentencing were regarded as forward-looking in the 1870s. The initial concept of parole came from the idea that prisoners began their path to rehabilitation during their sentence, and their successful rehabilitation could be recognizable by a parole board. The importance was placed on eradicating crime and having prisoners deemed ready to enter society as soon as possible. However, the ideals were not as successful as had been hoped. Crime was not eradicated, reformatories had the same problems as prisons on politicization and underfunding, and indeterminate sentencing became undermined by prisoners, who quickly found that it was possible to "beat the system" by pretense to get a better chance of winning parole. Many were soon back in custody. Similarly, prison authorities could twist it to their advantage by using those granted parole or probation to spy on and actively help to imprison other people, or sometimes by selectively denying parole. However, the biggest cause of the reformatories' failure to live up to expectations was that despite the enthusiasm of reformers and
227:, the Court considered whether to ban the automatic use of it completely as a sentence for minors. The Court had already judged the death penalty unconstitutional for minors in 2005. In June 2012, the Court ruled that it could never be automatically used as a sentence for a minor (under 18), although the Court left room for it as a sentence that can eventually be given (for now) in certain first-degree murder cases once the judge has taken mitigating circumstances and other factors into account. The U.S. practice of sentencing juveniles to life imprisonment without a possibility of parole violates international standards of justice, as well as treaties to which the U.S. is a party. Each state must ensure that its criminal punishments comply with the United States' international treaty obligations:
54:
the sentence. The second category are "determinate" in that it is expressly determined by the sentencing court up front that the prisoner will never have the chance to see the parole board. This means that criminals given a determinate life sentence will typically die in prison, without ever being released. If a life without parole sentence is imposed, executive branch government officials (usually the
395:, for instance, more than 3,000 of the 5,100 prisoners are serving life with a chance of parole, and most of the remaining 2,100 are serving sentences so long that they cannot be completed in a typical lifetime. About 150 inmates have died there in the time period between the years of 2000 and 2005. The United States holds 40% of the world's prisoners with life sentences, more than in any other country.
221:. In finding that the U.S. Constitution prohibits as cruel and unusual punishment a life without parole sentence for a juvenile in a non-homicide case, the U.S. Supreme Court stated that "the overwhelming weight of international opinion against" juvenile life without a chance of parole "provide respected and significant confirmation for our own conclusions". In 2012, in the Case of
50:. For example, a sentence of "15 years to life" or "25 years to life" is called an "indeterminate life sentence", while a sentence of "life without the possibility of parole" or "life without parole" (LWOP) is called a "determinate life sentence". West Virginia uses the unique terms "life with mercy" and "life without mercy", respectively, for these two categories.
324:
present (such as rapes before such murders or for murder of any law enforcement official or other public servant) in all 50 states and the
District of Columbia, including states without the death penalty, and as one or the only alternative sentence in states that have the death penalty and in federal
474:
Under some controversial sentencing guidelines known as "three-strikes laws," existing both at state and federal level, a person who is convicted of an offense and who has one or two other previous serious convictions is to serve a mandatory or discretionary life sentence in prison, with or without
459:
has called the statistics proof of "extreme racial disparities." Some of the crimes that led to life sentences include stealing gas from a truck and shoplifting but only for those with a pattern of habitual criminal offenses. A large number of those imprisoned for life had no prior criminal history
253:
found that juvenile life without a chance of parole is applied disproportionately to black minors, and the U.S. has done nothing to reduce what has become pervasive discrimination. The
Committee recommended that the U.S. discontinue the use of this sentence against persons under the age of eighteen
53:
The first category are "indeterminate" in that the true length of each prisoner's sentence is not determined up front by the sentencing court, but will depend upon when the prisoner can convince the state parole board of their rehabilitation after serving the minimum number of years provided for in
276:
International standards of justice hold that a juvenile life imprisonment without a possibility of parole is not warranted under any circumstances because juvenile offenders lack the experience, education, intelligence and mental development of adults and must be given a reasonable opportunity to
369:
In addition, the sentence of life imprisonment may also be given for "drug kingpins" and "habitual criminals". It has been applied in every state except Alaska, as well as in the federal courts. In Alaska, the maximum term of imprisonment is for 99 years without parole, which is considered to be
506:
A common argument against life without parole is that it is equally as immoral as the death penalty, as it still sentences one to die in prison. Certain organizations and campaigns have been founded with a goal to work against life imprisonment and improve the rate of release. For example, the
181:
A few countries worldwide have allowed for minors to be given lifetime sentences that have no provision for eventual release. Countries that allow life imprisonment without a possibility of parole for juveniles include
Antigua and Barbuda, Cuba, Dominica, Israel, Nigeria, Saint Vincent and the
127:
Although Schick's sentence was given only cursory mention, the court concluded a whole life sentence was constitutional. Schick, together with only five other federal prisoners who were still ineligible for parole at the time, was made eligible for parole by a separate pardon from
President
206:
In 2010, in the U.S. Supreme Court ruled that sentencing minors to automatic sentences of life without a chance of parole for crimes other than those involving a homicide (generally, first-degree murder, and usually with aggravating factors or accompanying felonies) violated the
166:
gave him a conditional pardon commuting his sentence to "imprisonment for life in the penitentiary at
Washington." Wells appealed the conditions of his pardon, but the sentence was upheld with no discussion by the majority of the purpose of the substituted punishment.
454:
Over 3,200 people nationwide are serving life terms without a chance of parole for nonviolent offenses. Of those prisoners, 80 percent are behind bars for drug-related convictions: 65 percent are
African-American, 18 percent are Latino, and 16 percent are white. The
390:
As a result, the U.S. is currently housing by far the world's largest and most permanent population of prisoners who are guaranteed to die behind bars. The next closest country was Kenya, with only about 3,700 prisoners serving life without parole as of 2016. At the
503:. In fact, many politicians, especially in the Democratic Party, expressed their emphasis on replacing the death penalty with life without parole. Additionally, seeking the death penalty is more costly to the state and taxpayer than seeking life without parole.
189:'s Center for Law & Global Justice conducted international research on the use of the sentence of life without parole for juveniles, and has found no cases outside the U.S. in which the sentence is actually imposed on juveniles. As of 2009,
403:
Under the federal criminal code, however, with respect to offenses committed after
December 1, 1987, parole has been abolished for all sentences handed down by the federal system, including life sentences. A life sentence from a
116:
for the term of his natural life, with the express condition that he "shall never have any rights, privileges, claims or benefits arising under the parole and suspension or remission of sentence laws of the United States."
235:; the oversight Committee instructed the U.S. to: "ensure that no such child offender is sentenced to life without parole adopt all appropriate measures to review the situation of persons already serving such sentences".
345:
for capital sexual battery (sexual abuse of a child under 12 that causes injury to the child), and
Georgia for a second conviction of armed robbery, kidnapping, or rape and other serious violent felonies under Georgia's
73:, people sentenced to life imprisonment can normally apply for parole after seven years. Florida leads the country with nearly one quarter of its LWOP prisoners, more than California, New York and Texas combined.
1466: (1980) (upholding life sentence for fraudulent use of a credit card to obtain $ 80 worth of goods or services, passing a forged check in the amount of $ 28.36, and obtaining $ 120.75 by false pretenses) and
868:
983, 989 (2008). The research was conducted in 2007, updated in 2008 to clarify that
Tanzania, South Africa and Israel do not allow juvenile life without parole, and cited by the U.S. Supreme Court in 2010 in
475:
parole depending on the jurisdiction. Notably, a broad range of crimes ranging from petty theft to murder could serve as the trigger for a mandatory or discretionary life sentence in
California from 1994 to
272:
has called upon governments to: "abolish by law, as soon as possible...life imprisonment without possibility of release for those below the age of 18 years at the time of the commission of the offense".
382:
Over 200,000 people, or about 1 in 7 prisoners in the United States, were serving life or virtual life sentences in 2019. Over 50,000 prisoners are serving life without a chance of parole. In 1993, the
1108:
124:
in 1974. It examined the constitutional basis of the punishment: life imprisonment without parole. Had Schick been given an ordinary life sentence, he would have been eligible for parole in 1969.
46:
literature divides life sentences into "determinate life sentences" or "indeterminate life sentences". The latter indicates the possibility of an abridged sentence, usually through the process of
1181:
284:
have completely banned life without parole sentences for all juvenile offenders while five states have not banned the sentence but do not have any juvenile offenders serving life without parole.
483:
has on several occasions upheld lengthy sentences for petty theft including life with the possibility of parole and 50 years to life and stated that neither sentence conflicted with the ban on "
101:
in Japan (Tokyo). The soldier admitted the killing stating he had a sudden "uncontrollable urge to kill something quickly and quietly” and had chosen his victim "just because she was there."
1801:
89:'s call for an end to vengeance in criminal justice, those within the prison environment, both inmates and guards alike, continued to conceive of prison as a place of retribution.
1471:
1456:
1094:
250:
232:
208:
35:
statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
1210:
1491:
1671:
149:, the constitutionality of life imprisonment without parole as an alternative to the death penalty received increased attention from lawmakers and judges.
143:
opinion's lack of thorough analysis on life imprisonment without a chance of parole, an imposing amount of precedent has developed based upon it. After
549:
488:
239:
186:
182:
Grenadines, the Solomon Islands, Sri Lanka, Tanzania and the United States. Of these, only the U.S. currently has minors serving such sentences. The
884:
97:
In 1954 (November 28), Master Sergeant Maurice L. Schick was convicted by military court-martial of the murder of nine-year-old Susan Rothschild at
580:(1980) ("25 years to life" is indeterminate life sentence implying that minor convicted of first-degree murder was eligible for commitment to the
1766:
581:
300:
that life imprisonment without the possibility of parole for defendants under the age of 21 was prohibited cruel and unusual punishment under the
32:
720:
875:. The University of San Francisco Center for Law & Global Justice continues to monitor international juvenile sentencing laws and practices.
673:
Angle, Roland E. (2014). "Build a Mass Movement: Abolish the Probation & Parole Systems to Attack the Foundation of the U.S. Police State".
1796:
1791:
1582:
1696:
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409:
293:
918:
254:
at the time the offense was committed, and review the situation of persons already serving such sentences and in 2016, in the case of
1736:
1338:
1123:
1751:
1701:
242:; the oversight Committee warned the U.S. that juvenile life sentences without a possibility of parole could constitute "cruel,
269:
1726:
1606:
778:
476:
417:
243:
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970:
301:
212:
618:
1666:
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1641:
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1631:
1616:
1611:
1601:
1481: (2003) (upholding sentence of 50 years to life for stealing videotapes on two occasions after three prior offenses)
484:
405:
392:
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1163:
1575:
1281:
321:
162:(1856); Wells was convicted of murder in 1851 and sentenced to be hanged. On the day of his execution, President
1029:, 130 S. Ct. at 2034 (concluding that juvenile life without parole is unconstitutional for non-homicide crimes).
499:
Increased use of the life imprisonment sentence, especially life without parole, came in response to debates on
196:
In the U.S, juvenile offenders started to get life without parole sentences more frequently in the 1990s due to
900:
55:
1058:
1306:
553:
387:
survey found, about 20 percent of all lifers had no chance of parole. By 2004, that had risen to 28 percent.
1182:"Minnesota bans juvenile life without parole - Campaign for the Fair Sentencing of Youth | CFSY %"
256:
63:
120:
In 1971, Schick began a legal challenge against his whole life sentence. The appeal eventually reached the
1363:"Life Imprisonment: A Global Human Rights Analysis by Dirk van Zyl Smit & Catherine Appleton (review)"
740:
366:. Other specifics about life sentences in the United States continue to vary widely by individual states.
1475:
1460:
1426:
507:#DropLWOP campaign is dedicated to dropping the life without parole sentence and providing an automatic
347:
1076:
1038:
International law and practice clearly reflect the sentiments of the Graham court regarding juveniles.
736:
17:
1427:"Jailed for Life for Stealing a $ 159 Jacket? 3,200 Serving Life Without Parole for Nonviolent Crimes"
1568:
524:
281:
200:
1492:"A voter's guide to Capital Punishment / Death Penalty: Compare where all the 2020 candidates stand"
1228:
763:
J. H. Wright, Jr., "Life Without Parole: An Alternative to Death or Not Much of a Life At All?" 43
313:
197:
133:
1390:
690:
500:
480:
330:
317:
190:
121:
990:"Analysis: How the media created a 'superpredator' myth that harmed a generation of Black youth"
1591:
1382:
1334:
1040:
1021:
1007:
885:
State Distribution of Youth Offenders Serving Juvenile Life Without a chance of Parole (JLWOP)
871:
682:
655:
520:
508:
469:
223:
217:
176:
145:
105:
28:
1194:
1124:"New Mexico governor signs bill ending juvenile life sentences without parole | CNN Politics"
1374:
1328:
645:
334:
193:
has calculated that there are 2,589 youth offenders serving life without parole in the U.S.
163:
86:
650:
633:
594:
584:, rather than determinate life sentence requiring incarceration in regular adult prison).
1149:"Governor signs bill ending juvenile life sentences in New Mexico - Albuquerque Journal"
1463:
1211:"Mass high court bans 'life without parole' for people under 21, a first in the nation"
1109:"Illinois governor signs House bills, abolishes life without parole for those under 21"
724:
351:
158:
1478:
1250:
1785:
1394:
901:
The Rest of Their Lives: Life without Parole for Child Offenders in the United States
312:
Although sentences vary for each state, life imprisonment is generally mandatory for
971:"Op-Ed: Why America is still living with the damage done by the 'superpredator' lie"
795:"Ford Opens Door for Parole Of Six Once Sentenced to Die for Killings in Military".
104:
Schick was sentenced to death. Six years later, the case was forwarded to President
1516:
448:
440:
420:, if, upon appeal, the conviction is quashed, or compassionate release is granted.
577:
129:
1330:
Death by Prison: The Emergence of Life Without Parole and Perpetual Confinement
721:
SOLDIER ADMITS SLAYING; Sergeant in Tokyo Confesses to Killing 9-Year-Old Girl
529:
460:
but were given the sentence because of the aggravated nature of their crimes.
359:
113:
70:
1386:
686:
659:
408:
will therefore result in imprisonment for the life of the defendant unless a
944:
634:"Parole Release and Supervision: Critical Drivers of American Prison Policy"
432:
338:
98:
989:
511:
and chance to see a parole board for all prisoners serving life sentences.
491:. These court decisions have been the subject of considerable controversy.
1378:
316:, particularly if it is done during the commission of another felony (the
304:. This decision made Massachusetts the first U.S. state with such a rule.
444:
424:
413:
363:
325:
and military courts. Life imprisonment is also a mandatory punishment in
82:
43:
39:
694:
69:
Many U.S. states offer parole after a decade or more has passed, but in
355:
342:
1362:
31:
is the most severe punishment provided by law in states with no valid
109:
59:
47:
1560:
81:
In the 1860s, reformation became favored over penitence in American
1095:"Illinois minors can no longer be sentenced to life without parole"
451:, all life sentences are issued without the possibility of parole.
264:
was to be applied retroactively to offenders convicted before 2012.
436:
326:
277:
obtain release based on demonstrated maturity and rehabilitation.
66:
a sentence to time served, effectively ending the sentence early.
862:
Sentencing our Children to Die in Prison: Global Law and Practice
919:"They Were Sentenced as "Superpredators." Who Were They Really?"
835:, 146 F2d 349 (7th Cir.), cert denied, 325 U.S. 865 (1945); and
456:
428:
1564:
1059:"States That Banned Life Without Parole for juvenile Offenders"
550:"Life Goes On: The Historic Rise in Life Sentences in America"
1409:"A Living Death: Life without Parole for Nonviolent Offenses"
1164:"Minnesota Abolishes Juvenile Life-Without-Parole Sentences"
523:, a determinate life sentence sometimes handed down under
599:
Office of Victim and Survivor Rights and Services (OVSRS)
92:
1540:
112:
to commute Schick's death sentence to confinement with
1333:. Oakland: University of California Press. p. 3.
251:
Committee on the Elimination of Racial Discrimination
1307:"To More Inmates, Life Term Means Dying Behind Bars"
1300:
1298:
350:. Life imprisonment is a possibility for aggravated
233:
International Covenant on Civil and Political Rights
132:
in 1976 or 1977, and he may have died a free man in
1264:"Opinion | the Misuse of Life Without Parole"
358:in California. Life imprisonment is mandatory for
93:Schick's case and life imprisonment without parole
1077:"Maryland Bans Life Without Parole for Children"
779:"Life without parole as a conflicted punishment"
632:Reitz, Kevin R.; Rhine, Edward E. (2020-01-13).
1802:Imprisonment and detention in the United States
1322:
1320:
1576:
1063:The Campaign for the fair sentencing of youth
8:
108:for final review. He exercised his right of
1122:Kaanita, Iyer; Rose, Andy (18 March 2023).
1583:
1569:
1561:
969:Taylor-Thompson, Kim (November 20, 2020).
619:"Two Strikes and You're in Prison Forever"
649:
489:Eighth Amendment to the U.S. Constitution
240:United Nations Convention Against Torture
839:, 257 Minn. 549, 102 N.W.2d 696 (1960).
541:
18:Life Imprisonment without Parole (LWOP)
651:10.1146/annurev-criminol-011419-041416
988:Bogert, Carroll (November 20, 2020).
7:
294:Massachusetts Supreme Judicial Court
943:Templeton, Robin (1 January 1998).
374:life imprisonment without parole.
25:
1209:Tori Bedford (January 11, 2024).
860:C. de la Vega & M. Leighton,
1521:Death Penalty Information Center
1253:Death Penalty Information Center
58:) may have the power to grant a
1305:Liptak, Adam (2 October 2005).
1196:Commonwealth vs. Sheldon Mattis
831:, 244 F2d 401 (9th Cir. 1957);
298:Commonwealth vs. Sheldon Mattis
280:By May 2023, 28 states and the
270:United Nations General Assembly
260:, the Supreme Court ruled that
1413:American Civil Liberties Union
1361:Clark, Roger S. (2019-10-12).
399:Parole and nonviolent offenses
244:inhuman or degrading treatment
156:. One early American case was
1:
1282:"THE FACTS OF LIFE SENTENCES"
1198:, SJC-11693, January 11, 2024
1162:Urell, Aaryn (May 19, 2023).
302:Constitution of Massachusetts
213:cruel and unusual punishments
1797:United States sentencing law
1792:Life imprisonment by country
638:Annual Review of Criminology
552:. 2013-10-16. Archived from
485:cruel and unusual punishment
393:Louisiana State Penitentiary
201:Teenage Superpredator Theory
1327:Seeds, Christopher (2022).
184:University of San Francisco
1818:
582:California Youth Authority
467:
249:The oversight body of the
174:
1598:
1241:Wright, supra, at p. 559.
1011:, 130 S. Ct. 2011 (2010).
809:Wright, supra, at p. 536.
737:Army Seargreant Confesses
322:aggravating circumstances
246:or punishment" for youth.
1168:Equal Justice Initiative
1081:Equal Justice Initiative
675:Race, Gender & Class
977:. The Associated Press.
257:Montgomery v. Louisiana
152:Such penalties predate
1367:Human Rights Quarterly
1289:The Sentencing Project
1229:"Nebraska Legislature"
833:United States v. Ragen
754:, 419 U.S. 256 (1974).
741:San Francisco Examiner
707:A. E. Weiss, Prisons,
595:"Lifer Parole Process"
320:), or there are other
27:In the United States,
1379:10.1353/hrq.2019.0059
1048:, 130 S. Ct. at 2030.
975:The Los Angeles Times
765:Vanderbilt Law Review
739:. November 28, 1953.
468:Further information:
348:seven-deadly-sins law
292:In January 2024, the
198:John J. DiIulio Jr's.
1270:. 13 September 2011.
818:408 U.S. 238 (1972).
525:English criminal law
282:District of Columbia
136:, Florida, in 2004.
1433:. November 15, 2013
1251:Life Without Parole
1111:. 10 February 2023.
1097:. 13 February 2023.
945:"Superscapegoating"
917:Boghani, Priyanka.
848:18 How. 307 (1856).
799:. January 22, 1977.
727:. November 28, 1953
709:A System in Trouble
621:. 11 November 2021.
314:first-degree murder
1468:Lockyer v. Andrade
1268:The New York Times
905:Human Rights Watch
890:, October 2, 2009.
888:Human Rights Watch
711:(1988), pp. 29–30.
501:capital punishment
481:U.S. Supreme Court
416:is granted by the
331:aircraft hijacking
318:felony murder rule
215:", in the case of
191:Human Rights Watch
122:U.S. Supreme Court
110:executive clemency
33:capital punishment
1779:
1778:
1592:Life imprisonment
1453:Rummel v. Estelle
1083:. March 12, 2021.
1065:. 25 August 2015.
1041:Graham v. Florida
1022:Graham v. Florida
1008:Graham v. Florida
872:Graham v. Florida
866:U.S.F. Law Review
797:Los Angeles Times
777:Craig S. Lerner.
521:Whole life tariff
470:three-strikes law
464:Three-strikes law
423:In the states of
262:Miller v. Alabama
224:Miller v. Alabama
218:Graham v. Florida
177:Life imprisonment
146:Furman v. Georgia
106:Dwight Eisenhower
29:life imprisonment
16:(Redirected from
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1373:(4): 1022–1035.
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1151:. 17 March 2023.
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767:529, 535 (1990).
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681:(1/2): 236–245.
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574:In re Jeanice D.
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209:Eighth Amendment
164:Millard Fillmore
87:Zebulon Brockway
21:
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1415:. June 6, 2018.
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837:State v. Dehler
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130:Gerald Ford
1786:Categories
1550:2020-04-26
1526:2020-04-27
1502:2020-04-27
604:2020-05-08
560:2013-10-16
536:References
530:Black site
378:Statistics
360:kidnapping
134:Palm Beach
114:hard labor
71:California
1727:Singapore
1607:Australia
1545:drop lwop
1395:208689254
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296:ruled in
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38:American
1732:Slovakia
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994:NBC News
954:22 March
928:22 March
695:43496972
515:See also
445:Nebraska
425:Illinois
414:reprieve
372:de facto
364:Nebraska
335:New York
83:penology
62:, or to
44:penology
40:case law
1672:Ireland
1667:Iceland
1662:Hungary
1652:Germany
1642:Finland
1637:Denmark
1632:Croatia
1617:Belgium
1612:Austria
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1517:"Costs"
1291:. 2018.
495:Debates
356:torture
343:Florida
77:History
64:commute
1762:Turkey
1757:Taiwan
1747:Sweden
1722:Serbia
1717:Russia
1712:Poland
1707:Norway
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1677:Israel
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1647:France
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352:mayhem
171:Minors
154:Schick
141:Schick
60:pardon
48:parole
1742:Spain
1687:Japan
1682:Italy
1627:China
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1391:S2CID
1285:(PDF)
1046:supra
1027:supra
864:, 42
782:(PDF)
691:JSTOR
437:Maine
385:Times
327:Idaho
1476:U.S.
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1451:See
1439:2019
1383:ISSN
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