In the last several centuries, with the emergence of modern nation states , justice came to be increasingly associated with the concept of natural and legal rights . The period saw an increase in standing police forces and permanent penitential institutions. Rational choice theory , a utilitarian approach to criminology which justifies punishment as a form of deterrence as opposed to retribution, can be traced back to Cesare Beccaria , whose influential treatise On Crimes and Punishments (1764) was the first detailed analysis of capital punishment to demand the abolition of the death penalty.   Jeremy Bentham , regarded as the founder of modern utilitarianism, also called for the abolition of the death penalty.  Beccaria, and later Charles Dickens and Karl Marx noted the incidence of increased violent criminality at the times and places of executions. Official recognition of this phenomenon led to executions being carried out inside prisons, away from public view.
"The Supreme Court said states can continue to conduct executions using the sedative midazolam, rejecting claims the drug poses too great a risk that condemned prisoners will suffer excruciating pain.
The 5-4 decision bitterly split the court on Monday. Justice Samuel Alito, writing for the majority, said the prisoners who brought suit failed to suggest an alternative to midazolam. He added the scarcity of more effective sedatives could be traced to the anti-death-penalty movement, which has pressured pharmaceutical manufacturers to stop supplying execution chambers.
Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy and Clarence Thomas joined the majority.
In a dissent, Justice Sonia Sotomayor wrote that the majority's position left the condemned men 'exposed to what may well be the chemical equivalent of being burned at the stake.' Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined the dissent."