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meaning in context - What is “non-guideline sentence” to allow the accused to serve as a diplomat instead of a prison term?


I read New York Times article (May 13) titled "ex-Senator gets 21-month prison term in tax evasion case." It says in abridgment:



The former Republican senator, Vincent L. Leibell III had faced 18 to 24 months in prison, based on sentencing guidelines.


His lawyer, David L. Lewis asked the judge to take into account Mr. Leibell’s "life of public service" and urged him to consider a "non-guideline" sentence allowing Mr. Leibell to do community service by letting him serve as a diplomat to the Middle East instead of a prison term.


"We don’t have public stocks anymore, where he can stand with his head and arms in stocks," Mr. Lewis said, trying to convince the judge that Mr. Leibell’s crime would be forgotten in jail, but that doing some sort of "social restitution" would be more humiliating for Mr. Leibell and would offer a broader, more public lesson.



More than being puzzled with the logic that servicing as a diplomat can replace prison term, and to serve as a diplomat to Middle East is a humiliating work, I am interested in knowing what the word, "non-guideline sentence" to make it possible, and the phrase, "we don’t have public stocks anymore, where he can stand with his head and arms in stocks" mean. Can anybody tell me?



Answer



Before the US was wealthy enough to pay for public buildings to house criminals (i.e. jails), minor criminals were put into "stocks". These were wooden contraptions that held the criminal's ankles. They were left in the open where people could ridicule them or perhaps entertain themselves one way or another.


A similar punishment was the "pillory". Googling this is easier as "stock" has many meanings in English. The pillory held the prisoner's head and hands, as well as ankles, and was a more dangerous punishment. The public would throw rotten food, dead animals, etc., at the prisoner and some were killed. On the other hand, if the public thought the prisoner was unfairly punished they might protect him or her. The inability of predicting the punishment contributed to the reduction in their use.


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