<P> In the 1860s, reformation became favored over penitence in American penology, with the role of prisons seen as reforming prisoners, who were imprisoned until reform was achieved . The concepts of parole and indeterminate sentencing were regarded as forward looking in the 1870s for these reasons . However, these ideals were not as successful as had been hoped--crime was not eradicated, reformatories had the same problems as prisons regarding politicization and underfunding, and indeterminate sentencing became undermined by prisoners, who quickly found that it was possible to "beat the system" by pretense, giving a better chance of winning parole . Many were soon back in custody . Similarly, prison authorities could twist it to their advantage by selectively denying parole . But the biggest cause of the reformatories' failure to live up to expectations was that despite the enthusiasm of reformers, and Brockway's call for an end to vengeance in criminal justice, those within the prison environment--both inmates and guards alike--continued to conceive of prison as a place of retribution . </P> <P> In 1954, Master Sergeant Maurice L. Schick was convicted by military court - martial of the murder of eight - year - old Susan Rothschild at Camp Zama in Japan . The soldier admitted the killing stating he had a sudden "uncontrollable urge to kill" choosing his victim "just because she was there". Schick was sentenced to death . Six years later, the case was forwarded to President Dwight D. Eisenhower for final review . He exercised his right of executive clemency to commute Schick's death sentence to confinement with hard labor for the term of his natural life with the express condition that he "shall never have any rights, privileges, claims or benefits arising under the parole and suspension or remission of sentence laws of the United States". </P> <P> In 1971, Schick began a legal challenge against his whole life sentence . The appeal eventually reached the U.S. Supreme Court in 1974 . It examined the constitutional basis of the punishment: life imprisonment without parole . Had Schick been given an ordinary life sentence, he would have been eligible for parole in 1969 . Although Schick's sentence was given only cursory mention, the court concluded a whole life sentence was constitutional . Schick, together with only five other federal prisoners still ineligible for parole at the time, was made eligible for parole by a separate pardon from President Ford either in 1976 or in 1977, and may have died a free man in Palm Beach, Florida, in 2004 . </P> <P> Despite the Schick opinion's lack of thorough analysis regarding life imprisonment without a chance of parole, an imposing amount of precedent has developed based upon it . After Furman v. Georgia, this has put the constitutionality of the death penalty in question as life imprisonment without parole received increased attention from lawmakers and judges as an alternative to the death penalty . </P>

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