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Harsh penalties were tried in England, Russia and elsewhere from the 1500s forward. It just goes to show the futility in retributive justice. You can punish people horribly and not change their behavior. The Objectivist theory of retribution -- explained by Bob Bidinotto -- is that you "reflect back to the perpetrator the harm they cause to others." This is justice, it is claimed. Of course, that does nothing for the victim. It also does nothing for the perpetrator. Otherwise, no one would smoke today... or evade taxes... or steal bread... or lie to the SEC ... or kill ... or download music ...
The salient point, of course, is that the ultra-altruists hate the idea of anyone enjoying anything. But, then, too, Objectivists are pretty clear that not every little whim that enters your pretty head is good for you. The question is whether whim-worshipping should be illegal.
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The anti-tobacco movement in Nazi Germany was the first public anti-smoking campaign in modern history. 
