History Of Intermediate Punishment

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History Of Intermediate Punishment



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During the 18th and 19th centuries, legal bodies found faster and less painful approaches to the death penalty, including hanging and beheading with the guillotine. While these were still violent and bloody practices that were often large public spectacles, the end result was usually instantaneous and therefore seen as more compassionate. In the United States, capital punishment has existed since the founding of the original colonies, and was utilized for a large number of crimes including burglary, murder, treason, counterfeiting, and arson.

Outside of the law, lynch mobs often formed to bring the accused to justice. Law makers in the U. By the late s, employees of Thomas Edison introduced the electric chair to accomplish this goal. Later, in the s, lethal injections entered the foray as another option. Over time, the death penalty has become even more controversial throughout the world.

Opponents to the practice declare it to be inhumane and unfair, and believe that no life should be taken, regardless of the crime that has been committed. DNA testing has proven the innocence of several individuals on death row, and the argument that no one should be executed to avoid killing an innocent individual has grown in response. Several states in the U. When sentencing, a judge must impose the least severe sentence that still achieves both goals, while also considering the need for societal protection. Prior to the s, the federal courts used an indeterminate sentencing system, which allowed trial judges to impose sentences entirely at their discretion.

Research, however, revealed that this system created sentencing disparities in which different criminals received very different sentences for the same crime. In a bi-partisan reform effort, Congress passed the Comprehensive Crime Control Act of , which included provisions that make up the Sentencing Reform Act. Congress charged the USSC with writing and promulgating the new determinate sentencing code. The system devised by the USSC required federal judges to ensure that the sentence reflects the gravity of the crime, that the punishment furthers the goal of deterrence, that the sentence protects the public from further crimes by the criminal, and that the criminal receives any necessary treatment, medical care or education to further the goal of rehabilitation.

While judges still had flexibility, the SRA imposed mandatory minimum and maximum sentence within which the judge's sentence had to fall. The U. United States , U. Congress established the United States Sentencing Commission to produce federal sentencing guidelines , prescribing specific sentence minimums and maximums for specific federal crimes. The prescribed sentences take into account the particular criminal conduct and whether the convicted defendant had any previous criminal history.

Although intended to have binding force, the U. Supreme Court in United States v. Booker , U. This decision came on the heels of the Supreme Court having struck down a similar Washington state sentencing scheme in Blakely v. Washington , U. Booker rendered the Federal Guidelines merely advisory and has in the process created a flurry of further questions. In Rita v. United States, U.