Misplaced Pages

#563436

109-892: Dugard is an English surname, probably coming from the French dieu (te) garde (God protect you), via the surnames Dieutegarde , Deugard and du Gard . People with the surname include: Jaycee Dugard (born 1980), 1991 American kidnapping victim John Dugard (born 1936), South African professor of international law Martin Dugard (author) (born 1961), American author Martin Dugard (speedway rider) (born 1969), former British motorcycle speedway rider Robert Dugard (1942–2018), English motorcycle speedway rider and promoter William Dugard (1606–1662), English schoolmaster and printer See also [ edit ] Gard (disambiguation) [REDACTED] Surname list This page lists people with

218-448: A "good boy" as a child, but changed radically after a serious motorcycle accident as a teenager. He turned to drug use – primarily methamphetamine and LSD . In later court testimony, Garrido admitted that he habitually masturbated in his car by the side of elementary and high schools while watching girls. In 1972 he was arrested and charged with repeatedly raping a 14-year-old girl after giving her barbiturates , but

327-454: A 1976 rape at the time of her kidnapping, Dugard sued the state of California, which had taken over his parole supervision from the federal government in 1999, on account of the numerous lapses by law enforcement that contributed to her continued captivity and sexual assault. In 2010, the state of California awarded the Dugard family US$ 20   million . Dugard also sued the federal government on similar grounds pertaining to Garrido's time as

436-423: A 6-foot (1.8-meter)-high fence. An entrance to the secondary backyard was covered by trees and a tarpaulin . Privacy was enhanced by tents and outbuildings. Electricity was supplied by extension cords. The enclosure also housed a car that matched the description of the one used in the abduction. Law enforcement officers visited the residence at least twice but did not ask to inspect the backyard and did not detect

545-403: A bucket for her to use to relieve herself. A week after the kidnapping, Garrido raped the still-handcuffed Dugard for the first time. He continued to rape her frequently, doing so at least once a week for the first three years of her captivity. At one point, Garrido provided Dugard with a television, but she could not watch the news, and remained unaware of the search for her. Almost a month and

654-565: A butterfly-shaped ring that Dugard would hide from them for the next 18 years. Nancy covered Dugard with a blanket and held her down as Dugard drifted in and out of consciousness during the three-hour drive to the Garridos' property, 120 miles (190 km) away in Antioch. The only time Dugard spoke was when she pleaded that her parents could not afford a ransom . The district attorney in the Dugard case believed that Nancy had scouted Dugard as

763-517: A convict could be entitled to spend the rest of the sentence (until that individual dies) outside prison. Early release is usually conditional on past and future conduct, possibly with certain restrictions or obligations. In contrast, when a fixed term of imprisonment has ended, the convict is free. The length of time served and the conditions surrounding parole vary. Being eligible for parole does not necessarily ensure that parole will be granted. In some countries, including Sweden, parole does not exist but

872-467: A convicted sex offender , Phillip Garrido, visited the campus of the University of California, Berkeley , accompanied by two adolescent girls, who were discovered to be the biological daughters of Garrido and Dugard, on August 24 and 25 of that year. The unusual behavior of the trio sparked an investigation that led Garrido's parole officer, Edward Santos Jr, to order Garrido to take the two girls to

981-472: A deal with prosecutors to plead guilty and spend the rest of his life in prison. Gellman was upset with Tapson for telling reporters that her client had planned to plead guilty, saying that he should only speak about his own client, Nancy. Tapson said he found out about Gellman's plans only late on April 6. Neither attorney would elaborate further on the specific concerns about the grand jury. El Dorado, California District Attorney Vern Pierson said he did not think

1090-430: A federal parolee, but in a 2–1 ruling, the 9th U.S. Circuit Court of Appeals dismissed that suit because Garrido had not victimized her at the time he was placed under the supervision of the federal parole system and that as a result of this, "there was no way to anticipate she would become his victim." In 2011, Dugard wrote an autobiography titled A Stolen Life: A Memoir . Her second book, Freedom: My Book of Firsts ,

1199-582: A fixed jail term of 20 years and thus changed it to a jail term to be served for the rest of the prisoner's remaining lifespan. The amended definition is applied to future crimes committed after 20 August 1997. Since Abdul Nasir committed the crime of kidnapping and was sentenced before 20 August 1997, his life sentence remained as a prison term of 20 years and thus he still had to serve 38 years behind bars. The appeal of Abdul Nasir, titled Abdul Nasir bin Amer Hamsah v Public Prosecutor [1997] SGCA 38 ,

SECTION 10

#1732779581564

1308-534: A former business associate of the Garridos, Cheyvonne Molino, have commented that Dugard's children looked healthy. Tina said that upon her meeting them after their escape, they "always appeared and behaved like normal kids". Molino said of the times that she met them while they were captive "that in her presence the girls never acted robotically" and did not wear unusual clothing. In the days following Dugard's return, her stepfather confirmed that Dugard and her daughters were in good health and intelligent, their reunion

1417-525: A half after her kidnapping, by Dugard's recollection, Garrido moved her to a larger room next door, where she was handcuffed to a bed. He explained that the "demon angels" let him take her and that she would help him with his sexual problems because society had ignored him. Garrido would occasionally go on days-long methamphetamine binges he called "runs", during which he would force Dugard to keep him company by performing sexual favors and engaging in various other activities with him. Garrido made her listen out for

1526-550: A half hours. When a police officer noticed a car parked outside the warehouse and then a broken lock on its door, he knocked on the door and was greeted by Garrido. Callaway then emerged and asked for help. Garrido was promptly arrested. In a 1976 court-ordered psychiatric evaluation , Garrido was diagnosed as a "sexual deviant and chronic drug abuser". The psychiatrist recommended that a neurological examination be conducted as Garrido's chronic drug use could be "responsible in part" for his "mixed" or "multiple" sexual deviations. He

1635-405: A home invasion robbery, possessing a firearm, and associating with persons engaged in criminal activity", and sentenced him to 15 years for the attempted armed robbery plus life imprisonment for the armed burglary. The life sentence Graham received meant he had a life sentence without the possibility of parole, "because Florida abolished their parole system in 2003". Graham's case was presented to

1744-476: A life sentence may – after a successful application – be commuted to a fixed-term sentence, after which the offender is released as if the sentence served was that originally imposed. In many countries around the world, particularly in the Commonwealth , courts have been given the authority to pass prison terms that may amount to de facto life imprisonment, meaning that the sentence would last longer than

1853-611: A parole office in Concord, California , on August 26. Garrido was accompanied by a woman who was eventually identified as Dugard. Garrido and his wife, Nancy, were arrested after Dugard's reappearance. On April 28, 2011, they pleaded guilty to kidnapping and raping Dugard. Investigators revealed that Dugard had been kept in concealed tents, sheds, and lean-tos in an area behind the Garridos' house at 1554 Walnut Avenue in Antioch, California , where Phillip repeatedly raped Dugard during

1962-625: A possible plea deal that had the potential to obviate the need for a trial. Nancy's attorney acknowledged that she was facing "241 years, eight months to life" and that he was working for a reduced sentence in the 30-year range. He stated that the prosecutor had acknowledged that Phillip was a master manipulator and that Nancy was under both his influence and that of substances during the period of Dugard's kidnapping, so should receive some consideration while alluding to parallels with kidnap victim Patty Hearst and Stockholm syndrome. On April 7, 2011, instead of pleading guilty, as had been expected based on

2071-525: A prisoner with no hope of being released ever, the prison has no means to discipline such convict effectively. A few countries allow for a minor to be given a life sentence without parole; these include but are not limited to: Antigua and Barbuda, Argentina (only over the age of 16), Australia, Belize, Brunei, Cuba, Dominica, Saint Vincent and the Grenadines, the Solomon Islands, Sri Lanka, and

2180-446: A prize for Garrido. Probyn witnessed the abduction of his stepdaughter from within sight of their home. He saw two people in a mid-sized gray car – possibly a Mercury Monarch  – make a U-turn at the school bus stop where Dugard was waiting, and a woman forcing Dugard into the car. He chased after them on a bicycle but was unable to overtake the vehicle. Some of Dugard's classmates were also witnesses to

2289-584: A rate of 50 people per 100,000 (1 out of 2,000) residents imprisoned for life. In several countries, life imprisonment has been effectively abolished. Many of the countries whose governments have abolished both life imprisonment and indefinite imprisonment have been culturally influenced or colonized by Spain or Portugal and have written such prohibitions into their current constitutional laws (including Portugal itself but not Spain). A number of European countries have abolished all forms of indefinite imprisonment. Croatia and Bosnia and Herzegovina each set

SECTION 20

#1732779581564

2398-565: A request from Garrido's attorney to have a psychologist or psychiatrist appointed to conduct a confidential evaluation. Such examinations can be used by the defense to assist in case preparation, and additional mental health examinations can be ordered at subsequent phases in the proceedings. On October 29, 2009, a short hearing was held to set a date for the next pre-preliminary hearing when issues such as discovery were to be discussed. This hearing occurred on December 11, 2009. Katie Callaway Hall, whom Garrido kidnapped and raped in 1976, appeared in

2507-548: A rural town south of South Lake Tahoe , because they thought it was a safer community. At the time of the abduction, Dugard was in the fifth grade, and anticipated an upcoming field trip . The primary offender, Phillip Greg Garrido, was born in Pittsburg, California , on April 5, 1951. He grew up in Brentwood , where he graduated from Liberty High School in 1969. Garrido's father Manuel later stated that his son had been

2616-465: A solution to problem behaviors like his past crimes. The essay described how he had cured his deviant behavior and how that information could be used to assist in curing other sexual predators by "controlling human impulses that drive humans to commit dysfunctional acts". On the same day, Garrido traveled to the University of California, Berkeley (UC Berkeley), with Dugard's two daughters and visited its campus police office, seeking permission to hold

2725-464: A special event as a part of his "God's Desire" program. He spoke with special-events manager Lisa Campbell; she perceived his behavior as "erratic" and felt that the girls were "sullen and submissive." She asked Garrido to make an appointment for the next day, which he did, leaving his name in the process. Officer Ally Jacobs ran a background check and discovered that Garrido was a registered sex offender on federal parole for kidnapping and rape. Garrido and

2834-522: A terminal illness or a presidential pardon. In Albania, while no person sentenced to life imprisonment is eligible for standard parole, a conditional release is still possible if the prisoner is found not likely to re-offend and has displayed good behaviour, and has served at least 25 years. Before 2016 in the Netherlands , there was never a possibility of parole for any person sentenced to life imprisonment, and any form of release for life convicted in

2943-516: Is different from Wikidata All set index articles Jaycee Dugard On June 10, 1991, Jaycee Lee Dugard , an eleven-year-old girl, was abducted from a street while walking to a school bus stop in Meyers , California , United States. Searches began immediately after Dugard's disappearance, but no reliable leads were generated, even though several people witnessed the kidnapping . Dugard remained missing for over 18 years until 2009, when

3052-429: Is never a possibility of parole for anyone sentenced to life imprisonment, as life imprisonment is defined as the "deprivation of liberty of the convict for the entire rest of his/her life". Where mercy is granted in relation to a person serving life imprisonment, imprisonment thereof must not be less than 30 years. In Ukraine , life imprisonment means for the rest of one's life with the only possibilities for release being

3161-627: Is one of the only crimes in which life imprisonment is mandatory; mandatory life sentences for murder are given in several countries, including some states of the United States and Canada . Life imprisonment (as a maximum term) can also be imposed, in certain countries, for traffic offences causing death. Life imprisonment is not used in all countries; Portugal was the first country to abolish life imprisonment, in 1884, and all other Portuguese-speaking countries also have maximum imprisonment lengths, as well as all Spanish-speaking countries in

3270-591: Is set by the sentencing judge. In 2011, the Supreme Court of the United States ruled that sentencing minors to life without parole, automatically (as the result of a statute) or as the result of a judicial decision, for crimes other than intentional homicide, violated the Eighth Amendment 's ban on " Cruel and unusual punishments ", in the case of Graham v. Florida . Graham v. Florida

3379-427: Is up to the prison complex after 25 years have been served, and release eligibility depends on the prospect of rehabilitation and how likely they are to re-offend. In Europe, only Ukraine and Moldova explicitly exclude parole or any form of sentence commutation for life sentences in all cases. In South and Central America, Honduras, Nicaragua, El Salvador, Costa Rica, Venezuela, Colombia, Uruguay, Bolivia, Ecuador, and

Dugard - Misplaced Pages Continue

3488-565: The Criminal Code , at 25 years. A statutory amendment to allow periods of parole ineligibility greater than 25 years was held to be unconstitutional by the Supreme Court of Canada in R v Bissonnette (2022 SCC 23), as contrary to section 12 of the Canadian Charter of Rights and Freedoms , which prohibits cruel and unusual punishment. Parole eligibility for second degree murder typically varies between 10 and 25 years, and

3597-558: The Eighth Amendment ban on cruel and unusual punishment. Sentences of life in prison without parole can still be given to juveniles for aggravated first-degree murder, as long as the judge considers the circumstances of the case. In 2016 the Supreme Court ruled in the case of Montgomery v. Louisiana that the rulings imposed by Miller v. Alabama were to apply retroactively, causing a substantial amount of appeals to decade-old sentences for then-juvenile offenders. In 2021,

3706-476: The President of Malta . In France , while the law does not expressly provide for life imprisonment without any possibility of parole, a court can rule in exceptionally serious circumstances that convicts are ineligible for automatic parole consideration after 30 years if convicted of child murder involving rape or torture, premeditated murder of a state official or terrorism resulting in death. In Moldova , there

3815-465: The Supreme Court of the United States , with the question of whether juveniles should receive life without the possibility of parole in non-homicide cases. The Justices eventually ruled that such a sentence violated the juvenile's 8th Amendment rights, protecting them from punishments that are disproportionate to the crime committed, resulting in the abolition of life sentences without the possibility of parole in non-homicide cases for juveniles. In 2012,

3924-596: The Vatican City penal code in 2013, is just a variation of the death penalty. Originally in Malaysia, life imprisonment was construed as a jail term lasting the remainder of a convict's natural life, either with or without the possibility of parole. In April 2023, the Malaysian government officially abolished natural life imprisonment and instead redefined a life sentence as a jail term between 30 and 40 years. At

4033-511: The surname Dugard . If an internal link intending to refer to a specific person led you to this page, you may wish to change that link by adding the person's given name (s) to the link. Retrieved from " https://en.wikipedia.org/w/index.php?title=Dugard&oldid=1132385748 " Category : Surnames Hidden categories: All articles with unsourced statements Articles with unsourced statements from January 2023 Articles with short description Short description

4142-635: The Americas except for Cuba, Peru, Argentina, Chile and the Mexican state of Chihuahua . Other countries that do not practice life sentences include Mongolia in Asia and Norway, Iceland, Croatia, Bosnia and Herzegovina, Andorra and Montenegro in Europe. Where life imprisonment is a possible sentence, there may also exist formal mechanisms for requesting parole after a certain period of prison time. This means that

4251-874: The Dominican Republic have all abolished life imprisonment. The maximum sentence is 75 years in El Salvador, 60 years in Colombia, 50 years in Costa Rica and Panama, 40 years in Honduras and Brazil, 30 years in Nicaragua, Bolivia, Uruguay, Venezuela and the Dominican Republic, and 25 years in Paraguay and Ecuador. Life imprisonment in Canada is a criminal sentence for certain offences that lasts for

4360-404: The Garridos' house later that day. Upon arrival, they handcuffed Garrido and searched the house, finding only his wife Nancy, and his elderly mother at home. The parole agents then drove him to the parole office. En route, Garrido said that the girls who had accompanied him to UC Berkeley "were the daughters of a relative" and that he had had permission from their parents to take them there. Although

4469-572: The Supreme Court ruled in Jones v. Mississippi that sentencers are not required to make a separate finding of the defendant to be "permanently incorrigible" prior to sentencing a juvenile to life without parole. Pope Francis called for the abolition of both capital punishment and life imprisonment in a meeting with representatives of the International Association of Penal Law . He also stated that life imprisonment, removed from

Dugard - Misplaced Pages Continue

4578-426: The Supreme Court ruled in the case of Miller v. Alabama in a 5–4 decision and with the majority opinion written by Associate Justice Elena Kagan that mandatory sentences of life in prison without parole for juvenile offenders are unconstitutional. The majority opinion stated that barring a judge from considering mitigating factors and other information, such as age, maturity, and family and home environment violated

4687-464: The United States. According to a University of San Francisco School of Law study, only the U.S. had minors serving such sentences in 2008. In 2009, Human Rights Watch estimated that there were 2,589 youth offenders serving life sentences without the possibility for parole in the U.S. Since the start of 2020, that number has fallen to 1,465. The United States has the highest population of prisoners serving life sentences for both adults and minors, at

4796-497: The abduction. Initial suspects included Probyn and Ken Slayton, Dugard's biological father, though they did not know each other and Slayton had only had a brief relationship with Dugard's mother in 1979, not knowing he had a child. Probyn took and passed several polygraph tests, and Slayton was also quickly cleared of suspicion. The kidnapping led to the breakup of Terry and Probyn's marriage. Within hours of Dugard's disappearance, local and national media on South Lake Tahoe covered

4905-411: The backyard and set up a tent for Dugard, the first time that she was allowed to walk outside since her kidnapping. The Garridos manipulated Dugard further by presenting her, on two occasions, with kittens that would later "mysteriously vanish". When Garrido discovered that she was signing her real name in a journal that she kept about the kittens, she was forced to tear out the page with her name on it,

5014-459: The business phone and an email account. Another customer indicated that she never hinted to him about her childhood abduction or her true identity. Witnesses stated Dugard was seen in the Garrido household, and sometimes answered the front door to talk to people, but never stated there was a problem or attempted to leave. While the family kept to themselves, the girls were sometimes seen playing in

5123-572: The cane for robbery with hurt resulting in a female Japanese tourist's death at Oriental Hotel in 1994 and a consecutive sentence of life imprisonment with 12 strokes of the cane for kidnapping two police officers for ransom in 1996, which totalled up to 38 years' imprisonment and 30 strokes of the cane. Abdul Nasir's appeal for the two sentences to run concurrently led to the Court of Appeal of Singapore , which dismissed Abdul Nasir's appeal, to decide that it would be wrong to consider life imprisonment as

5232-482: The case did not go to trial after the girl declined to testify. The following year, he married his high school classmate, Christine Murphy, who accused him of domestic violence and alleged that he kidnapped her when she tried to leave him. In 1976, Garrido kidnapped 25-year-old Katherine Callaway in South Lake Tahoe, California . He took her to a Reno, Nevada warehouse, where he raped her for five and

5341-459: The city of Antioch and lived in the home of his elderly mother, who suffered from dementia . As a parolee, Garrido wore a GPS -enabled ankle bracelet and was regularly visited by parole officers, local sheriff's deputies, and federal agents. On June 10, 1991, Dugard's mother, who worked as a typesetter at a print house, left for work early in the day. Dugard, who was eleven years old at the time, wore her favorite all-pink outfit as she walked up

5450-470: The community. Terry Probyn founded a group called Jaycee's Hope, which directed the volunteer and fundraising efforts. Cassette tapes of the song "Jaycee Lee", along with T-shirts, sweatshirts, and buttons, were sold to raise money for poster materials, postage, printing, and related expenses. Child Quest International and the National Center for Missing & Exploited Children were involved in

5559-583: The complaints about the grand jury would ultimately derail the case against the Garridos. On April 28, 2011, the Garridos pled guilty to kidnapping and rape by force . On June 2, 2011, Phillip was sentenced to 431 years to life imprisonment. Nancy was sentenced to 36 years to life imprisonment. The sentences would allow Nancy to be eligible for parole in August 2029. Phillip was imprisoned in California State Prison, Corcoran , while Nancy

SECTION 50

#1732779581564

5668-642: The country was only possible when granted royal decree by the King of the Netherlands , with the last granting of a pardon taking place in 1986 when a terminally ill convict was released. As of 1970, the Dutch monarch has pardoned a total of three convicts. Although there is no possibility of parole eligibility, since 2016 prisoners sentenced to life imprisonment in the Netherlands are eligible to have their cases reviewed after serving at least 25 years. This change in law

5777-666: The country's criminal code, alongside a three-strikes law . In Europe , there are many jurisdictions where the law expressly provides for life sentences without the possibility of parole. These are England and Wales (within the United Kingdom ; see Life imprisonment in England and Wales ), the Netherlands , Moldova , Bulgaria , Italy (only for persons who refuse to cooperate with authorities and are sentenced for mafia activities or terrorism ), Ukraine , Poland , Turkey , Russia , and Serbia . In Sweden , although

5886-478: The courtroom at the October and December hearings. She did not speak during either proceeding. On November 5, 2009, Phimister ordered Nancy's defense attorney, Gilbert Maines, to be removed from the case. According to a posting on the court's website, the decision occurred in a review of "confidential evidence" that has not been disclosed to the public, and details of the proceedings were kept sealed. The decision

5995-473: The discovery hearing on December 11, 2009. A hearing was held on January 21, 2010. At that hearing, Maines was removed from the case and Tapson was appointed defense counsel for Nancy. In addition, bail, in the amount of US$ 20   million , was set for Nancy. At a press conference on February 28, 2011, Tapson said that Nancy and Phillip Garrido had both made a "full confession" in the case. The development came as lawyers for both sides reopened discussions on

6104-498: The effort. A reward was offered, which was noted on the posters and fliers. The kidnapping case attracted nationwide attention and was featured on the June 14, 1991, episode of the Fox television show America's Most Wanted . The ensuing years were a continuous effort of child safety awareness, fundraising events, and candlelight vigils marking Dugard's disappearance, keeping her story in

6213-518: The first group of people to have their natural life sentences reduced to 30 years’ imprisonment after a re-sentencing hearing by the Federal Court of Malaysia , which was followed by many more such commutations in the months to come. In Singapore , before 20 August 1997, the law decreed that life imprisonment is a fixed sentence of 20 years with the possibility of one-third reduction of the sentence (13 years and 4 months) for good behaviour. It

6322-518: The first six years of her captivity. During her confinement, Dugard gave birth to two daughters, who were aged eleven and fifteen at the time of Dugard's reappearance. On June 2, 2011, Garrido was sentenced to 431 years to life imprisonment ; his wife, Nancy, was sentenced to 36 years to life. Garrido is a person of interest in at least one other missing persons case in the San Francisco Bay Area . As Garrido had been on parole for

6431-460: The girls returned for their appointment at 2 p.m. the following day, and Jacobs attended the meeting. The girls appeared to Jacobs to be pale as if they had not been exposed to sunlight, and she felt that their behavior was unusual. Garrido's several parole violations were a basis for an arrest, so Jacobs phoned the parole office to relay her concerns, leaving a report on voicemail . After hearing Jacobs' recorded message, two parole agents drove to

6540-443: The girls were her daughters. Although she indicated that she was aware that Garrido was a convicted sex offender, she stated that he was a "changed man", a "great person", and was "good with her kids", comments that were echoed by the two girls. When pressed for details that would confirm her identity, Dugard became "extremely defensive" and "agitated", demanding to know why she was being "interrogated", and subsequently stated that she

6649-414: The hill from her house, against traffic, to catch the school bus. When she was halfway up the hill, a gray car approached her. She thought that the man driving the car was stopping to ask for directions. The driver, Phillip Garrido, rolled down the window and tased Dugard unconscious with a stun gun before abducting her. His wife, Nancy, dragged Dugard into the car and removed her clothing, leaving only

SECTION 60

#1732779581564

6758-435: The homes and business of one of Garrido's printing business clients. Police agencies from Hayward and Dublin, California , conducted searches of the Garridos' property for evidence pertaining to missing girls from those communities but did not find any. In July 2011, Hayward police announced that Garrido has not been eliminated as a suspect and is still a person of interest in the abduction case of Michaela Garecht . Garecht

6867-681: The human life expectancy. For example, courts in South Africa have handed out at least two sentences that have exceeded a century, while in Tasmania , Australia, Martin Bryant , the perpetrator of the Port Arthur massacre in 1996, received 35 life sentences plus 1,035 years without parole. In the United States, James Holmes , the perpetrator of the 2012 Aurora theater shooting , received 12 consecutive life sentences plus 3,318 years without

6976-414: The importance of focusing on the future with a positive attitude as an effective approach to accepting what has happened. Shawn Hornbeck , another abduction survivor, also commented on the case, noting: "Coming out of what she's had to endure is like entering a new world. It's like a door has opened for her and she's emerged from a world that's black and white into one that's full of color." He opined that

7085-454: The last time she would be permitted to say or write her name until her captivity ended eighteen years later. She was never allowed to see a doctor or dentist. Almost three years into her captivity, the Garridos began to allow Dugard freedom from her handcuffs for periods, though they kept her locked in the bolted room. On Easter Sunday of 1994, they gave her cooked food for the first time. The couple informed Dugard that they believed that she

7194-420: The law does not expressly provide for life without the possibility of release, some convicted persons may never be released, on the grounds that they are too dangerous. In Italy , persons who refuse to cooperate with authorities and are sentenced for mafia activities or terrorism are ineligible for parole and thus will spend the rest of their lives in prison. In Austria, life imprisonment will mean imprisonment for

7303-559: The maximum prison sentence at 45 years, and Portugal abolished all forms of life imprisonment with the prison reforms of Sampaio e Melo in 1884 and has a maximum sentence of 25 years. Life imprisonment in Spain was abolished in 1928, but reinstated in 2015 and upheld by the Constitutional Court in 2021. Serbia previously had a maximum prison sentence of 40 years; life imprisonment was instated in 2019 by amendments to

7412-551: The numerous lapses by law enforcement during instances in which her captivity should have been discovered by them. In July 2010, the State of California approved a US$ 20   million settlement with Dugard to compensate her for: "various lapses by the Corrections Department [that contributed to] Dugard's continued captivity, ongoing sexual assault, and mental and/or physical abuse". The settlement, part of AB1714,

7521-402: The offender’s life. Parole is possible, but even if paroled, the offender remains under the supervision of Corrections Canada for their lifetime, and can be returned to prison for parole violations. A person serving a life sentence must serve for a certain length of time before becoming eligible for parole. First degree murder and high treason carry the longest period of parole ineligibility in

7630-465: The office again the next day to discuss his visit to UC Berkeley and to follow up on the office's concerns about the two girls. Garrido arrived at the parole office in Concord, California , on August 26 with Nancy, the two girls, and Dugard, who was introduced as "Allissa". The parole officer decided to separate Garrido from the women and girls to obtain their identification. Maintaining her false identity as "Allissa", Dugard told investigators that

7739-441: The parole office had previously barred Garrido from associating with minors, and Berkeley was 40 miles (64 kilometers) from the Garridos' Contra Costa residence (15 miles or 24 kilometers over the 25-mile (40 km) limit he was allowed to travel from his home without his parole agent's permission), nothing was done about these violations. After reviewing his file with a supervisor, they drove Garrido home and ordered him to report to

7848-539: The possibility of parole. In the case of mass murder in the US, Parkland mass murderer Nikolas Cruz was sentenced to 34 consecutive terms of life imprisonment (without parole) for murdering 17 people and injuring another 17 at a school. Any sentence without parole effectively means a sentence cannot be suspended; a life sentence without parole, therefore, means that in the absence of unlikely circumstances such as pardon , amnesty or humanitarian grounds (e.g. imminent death),

7957-541: The presence of Dugard or her children in the areas of the property that they did inspect. These were among several missed opportunities for rescue which later led to criticism of authorities: On August 24, 2009, Garrido visited the San Francisco office of the Federal Bureau of Investigation (FBI) and left a four-page essay containing his ideas about religion and sexuality, suggesting that he had discovered

8066-413: The previous statements, the Garridos pleaded not guilty to charges of kidnapping and raping Dugard, as well as other charges, in an amended grand jury indictment. Phillip's attorney, public defender Susan Gellman, alleged that the grand jury might have been selected improperly and might have acted improperly. Gellman did not elaborate on her claim in the courtroom but said outside that she had questions about

8175-583: The prisoner will spend the rest of their natural life in prison. In several countries where de facto life terms are used, a release on humanitarian grounds (also known as compassionate release) is commonplace, such as in the case of Abdelbaset al-Megrahi . Since the behaviour of a prisoner serving a life sentence without parole is not relevant to the execution of such sentence, many people among lawyers , penitentiary specialists, criminologists , but most of all among human rights organizations oppose that punishment. In particular, they emphasize that when faced with

8284-456: The public awareness. Upon arriving at the Garridos' home in an unincorporated area of Antioch, the Garridos took Dugard, her head still covered with a blanket, behind their house, where they had constructed a series of dilapidated tents and sheds. Garrido placed Dugard inside a tiny shed that had been soundproofed . Dugard later stated in her memoir and an interview with ABC News that upon arrival, Garrido handcuffed her and left her naked in

8393-497: The racial and geographic makeup of the grand jury that originally indicted the Garridos in September 2010. Judge Phimister noted that there were issues about the process itself before the grand jury, and also stated that the court would consider whether the grand jury acted appropriately. These developments were largely unforeseen by attorney Stephen Tapson, who represented Nancy; Tapson had said earlier that week that Phillip had made

8502-506: The reason Dugard never escaped of her own accord was that she was brainwashed. He further offered insight into post-abduction life, saying that feelings of anger are normal for survivors and that therapy can enable them to move on with their lives. Three weeks after her release, Dugard asked for the pets that were raised in the home. On October 14, 2009, People magazine published the first verified photo of Jaycee Dugard as an adult on its cover. Dugard's memoir, A Stolen Life: A Memoir ,

8611-426: The remainder of the offender's life unless clemency is granted by the President of Austria or it can be assumed that the convicted person will not commit any further crimes; the probationary period is ten years. In Malta, prior to 2018, there was previously never any possibility of parole for any person sentenced to life imprisonment, and any form of release from a life sentence was only possible by clemency granted by

8720-459: The same tearful apologies to her. Though Dugard craved the woman's approval at the time, in a 2011 ABC News interview she stated that Nancy was just as manipulative as Garrido. Dugard related that Nancy alternated between motherly concern and coldness and cruelty, expressing her jealousy of Dugard, whom she regarded as the one to blame for her predicament. She characterized Nancy, who worked as a nursing home aide, as "evil" and "twisted". When Garrido

8829-419: The secondary backyard behind the house, where Dugard's living quarters are thought to have been located. The private area of the backyard included sheds, one of which was used as a recording studio in which Garrido recorded himself singing religious-themed and romantic country songs , two homemade tents, and what has been described as a camping-style shower and toilet. The area was surrounded by tall trees and

8938-446: The shed, which he bolted shut, warning her that trained Doberman Pinschers outside the shed would attack her if she tried to escape. Right after the abduction, Garrido forced Dugard into a shower with him, which was the first time she had been exposed to an unclothed man. During her first week in captivity, Dugard remained in handcuffs, her only human contact being Garrido, who sometimes brought her fast food and talked to her. He provided

9047-518: The story of what took place at this house. You're going to be absolutely impressed. It's a disgusting thing that took place with me at the beginning, but I turned my life completely around. Garrido repeatedly told the reporter how he "filed documents" with the FBI on August 24, 2009, which, when they were published, would cause people to "fall over backwards", and that he could not reveal more because he "had to protect law enforcement", and "what happened" ...

9156-417: The story. Within days, dozens of local volunteers assisted in the search effort, which involved nearly every resource within the community. Within weeks, tens of thousands of fliers and posters were mailed to businesses throughout the United States. Since Dugard's favorite color was pink, the town was blanketed in pink ribbons as a reminder of her disappearance, and as a demonstration of support for her family by

9265-512: The time of the reform, at least 117 prisoners were serving natural life imprisonment, consisting of 70 whose original death sentences were commuted to life (without parole) prior to the reform, and another 47 whose sentences of life were imposed by the courts, and all of these life convicts were allowed to have their jail terms reduced to between 30 and 40 years in jail. In November 2023, four drug traffickers - Zulkipli Arshad, Wan Yuriilhami Wan Yaacob, Ghazalee Kasim and Mohamad Junaidi Hussin - became

9374-418: The voices he said he could hear from the walls, and often professed a belief that he was a chosen servant of God . These binges would end with Garrido sobbing and apologizing to Dugard, alternating with threats to sell her to people who would put her in a cage. Seven months into her captivity, Garrido introduced Dugard to his wife, Nancy, who brought the child a stuffed animal and chocolate milk and engaged in

9483-492: Was "something that humans have not understood well". In the interview, Garrido denied he had ever harmed Dugard's two daughters. He said their births changed his life, saying, "they slept in my arms every single night since birth. I never touched them." On August 28, 2009, FBI spokesman Joseph Schadler confirmed that Garrido had indeed left the documents with the agency, as he had claimed, but declined to discuss further details. The document, titled Origin of Schizophrenia Revealed ,

9592-782: Was a battered wife from Minnesota in hiding from her abusive husband. The parole officer eventually called the Concord police. Upon the arrival of a Concord police sergeant, Garrido admitted he had kidnapped and raped Dugard. Only after this did she properly identify herself as Jaycee Dugard. It was later suggested that Dugard showed signs of Stockholm syndrome . In a 2016 ABC News interview, Dugard stated that her compassion and willingness to interact with her captor were her only means of surviving, saying, "The phrase Stockholm Syndrome implies that hostages cracked by terror and abuse become affectionate towards their captors...Well, it's, really, it's degrading, you know, having my family believe that I

9701-435: Was a significant case in juvenile justice. In Jacksonville , Florida, Terrence J. Graham tried to rob a restaurant along with three adolescent accomplices. During the robbery, one of Graham's accomplices had a metal bar that he used to hit the restaurant manager twice in the head. Once arrested, Graham was charged with attempted armed robbery and armed burglary with assault/battery. The maximum sentence he faced for these charges

9810-476: Was an appeal by Abdul Nasir bin Amer Hamsah on 20 August 1997 that led to the law in Singapore to change the definition of life imprisonment into a sentence that lasts the remainder of the prisoner's natural life, with the possibility of parole after at least 20 years. Abdul Nasir was a convicted robber and kidnapper who was, in two separate High Court trials, sentenced to 18 years' imprisonment and 18 strokes of

9919-638: Was approved by the California State Assembly by a 70 to 2 vote, and by the California State Senate by a 30 to 1 vote. San Francisco County Superior Court Judge Daniel Weinstein, who mediated the settlement, stated that the settlement was reached to avoid a lawsuit, which would be a: "greater invasion of privacy and greater publicity for the state". The bill was signed by California Governor Arnold Schwarzenegger on July 9. Life imprisonment Common law murder

10028-484: Was because the European Court of Human Rights stated in 2013 that lifelong imprisonment without the chance of being released is inhuman. Even in other European countries that do provide for life without parole, courts continue to retain judicial discretion to decide whether a sentence of life should include parole or not. In Albania , the decision of whether or not a life-convicted person is eligible for parole

10137-490: Was evaluated by neurologist Albert   F. Peterman, whose diagnostic impression was that Garrido showed "considerable evidence of anxiety and depression and personality disorder ." He was convicted on March 9, 1977, and began serving a fifty-year federal sentence on June 30 of that year at Leavenworth Penitentiary in Kansas . At Leavenworth, Garrido met Nancy Bocanegra, the secondary offender in Dugard's kidnapping, who

10246-569: Was eventually released by the FBI. It is about stopping schizophrenics from turning violent and controlling sounds with the human mind. On August 28, 2009, Garrido and his wife pled not guilty to charges including kidnapping, rape, and false imprisonment . The case was prosecuted in El Dorado County, by elected District Attorney Vern R. Pierson and Assistant District Attorney James A. Clinchard. A bail review/pre-preliminary hearing

10355-637: Was going well, and they were proceeding slowly. He said Dugard had developed a significant emotional bond with Garrido, and the two daughters cried when they learned of their father's arrest. Tina Dugard reported that the daughters are clever, articulate, and curious girls. Ernie Allen, president of the National Center for Missing and Exploited Children, said Dugard's reappearance is an important event for families of other long-term missing children because it shows that hope remains even in long-term cases. Abduction survivor Elizabeth Smart has stressed

10464-549: Was held September 14, 2009, at the El Dorado County Superior Court in Placerville, California . At the hearing, Superior Court Judge Douglas Phimister set bail for Nancy at US$ 30   million . There was a no-bail parole hold on Garrido. The judge initially kept Nancy in custody on a no-bail hold, but she was granted bail at a later date. At the September 14 hearing, Phimister also granted

10573-538: Was in love with this captor and wanted to stay with him. I mean, that is so far from the truth that it makes me want to throw up...I adapted to survive my circumstance." She repeatedly stated that, as a survival mechanism, many victims are forced to sympathize with their captors. Garrido and his wife were placed under arrest. An FBI special agent put Dugard on the telephone with her mother, Terry Probyn. Dugard retained custody of her children and reunited with her mother on August 27, 2009. Dugard's aunt, Tina Dugard, and

10682-458: Was incarcerated at Central California Women's Facility in Chowchilla . Dugard did not attend the sentencing, instead sending a written message with her mother to read aloud in court. As Garrido had been on parole for a 1976 rape at the time of her kidnapping, Dugard sued the state of California, which had taken over his parole supervision from the federal government in 1999, on account of

10791-469: Was involved in another robbery. Since he violated the conditions of his probation, his probation officer reported to the trial court about his probation violations a few weeks before Graham turned 18 years old. It was a different judge presiding over his trial for the probation violations a year later. While Graham denied any involvement in the robbery, he did admit to fleeing from the police. The trial court found that Graham violated his probation by "committing

10900-461: Was kidnapped in 1988 and Hayward is 55 miles (89 kilometers) from the Garridos' Antioch home. On August 27, 2009, KCRA-TV in Sacramento, California , interviewed Garrido in his jail cell by telephone. During the interview, Garrido said, "In the end, this is going to be a powerful, heartwarming story" because in his version of events: My life has been straightened out. ... Wait till you hear

11009-408: Was life without the possibility of parole, and the prosecutor wanted to charge him as an adult. During the trial, Graham pleaded guilty to the charges, resulting in three years of probation, one year of which had to be served in jail. Since he had been awaiting trial in jail, he already served six months and, therefore, was released after six additional months. Within six months of his release, Graham

11118-447: Was pregnant. Dugard, aged 13 at the time, had learned of the link between sex and pregnancy from television. Dugard watched television programs on childbirth in preparation for the birth of her first daughter, which occurred when Dugard was aged 14, on August 18, 1994. After the birth of her first daughter, Garrido raped Dugard less frequently, though he would nonetheless do so when he had taken drugs. The last time Garrido raped Dugard

11227-564: Was published in 2016. Jaycee Dugard's biological father, Ken Slayton, was not involved in her life, nor in the investigation that followed her kidnapping. When Dugard was seven, her mother, Terry, married a carpet contractor named Carl Probyn and gave birth to Dugard's half-sister, Shayna, in 1990. Although Dugard was close to her mother and sister, she was never close to Probyn. In September 1990, Dugard's family moved from Arcadia, California , in Los Angeles County , to Meyers ,

11336-416: Was published on July 12, 2011, by Simon & Schuster , to positive reviews. Dugard began animal-assisted therapy with horses, an activity she shared with her mother Terry and her sister Shayna. Following the arrest, police searched the Garrido house extensively for evidence of other crimes. Because Garrido had access to his neighbor's house, it was also searched for evidence. Police also searched

11445-631: Was returned to prison for failing a drug test, Nancy replaced her husband as Dugard's jailer. The Garridos' neighbor, Patrick McQuaid, told the San Jose Mercury News that as a child he recalled meeting Dugard through a fence in the Garridos' yard soon after the kidnapping. He said that she had identified herself by the name "Jaycee" and that when asked if she lived there or was just visiting, she answered that she lived there. At that point, Garrido came out and took her back indoors. He eventually built an 8-foot-tall (2.4-meter) fence around

11554-604: Was stayed until November 30, 2009. On November 12, 2009, Phimister appointed Stephen A. Tapson as interim counsel for Nancy. Gilbert Maines appealed the decision and received a favorable ruling by the California Third District Court of Appeal on December 15, 2009. On December 22, 2009, the same court gave the El Dorado Superior Court until January 2010 to respond to the ruling. Both Gilbert Maines and Stephen Tapson appeared at

11663-538: Was the day her second daughter was conceived . Her second daughter was born when Dugard was 17, on November 13, 1997. Dugard took care of her daughters using information learned from television and worked to protect them from Garrido, who continued his enraged rants and lectures. Dugard coped with her continued captivity by planting flowers in a garden and homeschooling her daughters. At one point, Garrido informed Dugard that to pacify his wife, Dugard and her daughters were to address Nancy as their mother and that she

11772-446: Was to teach her daughters that Dugard was their older sister. When Dugard and her daughters were eventually allowed to come into contact with other people, this fiction was continued. Garrido operated a print shop where Dugard acted as the graphic artist. Ben Daughdrill, a customer of Garrido's printing business, claimed that he met and spoke by telephone with Dugard and that she did excellent work. During this time, Dugard had access to

11881-469: Was visiting her uncle, another prisoner. On October 5, 1981, he and Bocanegra were married at the prison. On January 22, 1988, Garrido was released from Leavenworth to Nevada State Prison , where he served seven months of a five-years-to-life Nevada sentence. He was transferred to federal parole authorities in Contra Costa County, California , on August 26, 1988. Garrido and his wife moved to

#563436