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Early America was guided primarily by Puritan beliefs, particularly insofar as juris prudence was concerned. More specifically, there was the confounding issue of capital punishment back then.
Following is a typical example of how early Americans treated capital punishment cases
JUDGE: So, I see we have Mr. Throgmorton back with us again. Wasn’t he sentenced to death last year?
SOLICITOR: Yes, he was, your honor, but once again our method of carrying out sentences for capital murder did not work.
JUDGE: Just so we cover this for the umpteenth time, what went wrong?
SOLICITOR: Well, as you are aware, our method of carrying out the sentence was ineffective.
JUDGE: So once again, death by brooming did not work?
SOLICITOR: Yessir. No matter how many times the accused was struck with brooms, he survived. Leading us once more to commute his sentence to life in prison.
JUDGE: And how many Throgmorton’s are there currently in our penal system?
SOLICITOR: Unfortunately, we have lost count your honor. The most recent consensus taken last year was 3,500. As a result, we have been forced to build two new prisons, in order to house and feed them.
JUDGE: Perhaps the time has come for us to create a more severe alternative to ensure that the condemned are, in fact, condemned.
SOLICITOR: We have your honor, but apparently nothing has worked. JUDGE: And what were they, may I ask?
SOLICITOR: There were three, but only on paper. Never implemented.
JUDGE: Well, let’s hear it.
SOLICICTOR: Five hours hopping on a pogo stick; 10 hours babysitting a 3-year-old; one year with a mother-in-law on a deserted island.
JUDGE: Heavens! You’d think the last one would bear fruit.
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