Discretionary Death

In 1838, Tennessee becomes the first state to authorize a discretionary death penalty. Before this, execution was mandatory for those found guilty of capital murder. Louisiana, in 1846, becomes the first jurisdiction to allow the judge and jury the option of choosing a sentence of life in prison rather than death for a person who is found guilty of a capital offense (which, at this time, includes other crimes than murder). This policy soon becomes the standard throughout the country.

Body in a Barrel, c.1918 New York City Archives