Justice was different in the 17th century – this would sure cut down on crime rate and prison crowding – from “The Blue Laws of Connecticut” p. 74 published 1656: (17th Century spelling preserved
BURGLARY AND THEFT.
Forasmuch as many persons of late yeares have beene and are apt to be injurious to the goods and lives of others, notwithstanding all care
and meanes to prevent and punish the same ; It is therefore ordered by this Courte and authority thereof, That if any person shall committ Burglary by breaking up any dwelling howse, or shall robb any person in the feild, or
highwayes, such a person so offending, shall, for the first offence, bee branded on the fore-head with the letter (B) ; if hee shall offend in
the same kinde, the second time, hee shall bee branded as before, and allso, bee severely whipped ; and if hee shall fall into the same offence the third time, hee shall bee put to death as being incorrigible ; and if any person
shall commit such Burglary, or rob in the feilds or howse on the Lords day, besides the former punishments, hee shall for the first offence have one of his eares cutt of, and forthe second offence in the same kinde, he shall
looss his other eare in the same manner ; and if hee fall into the same offence the third time hee shall bee put to death.