For the state or federal government?
Who has control over this particular issue?
Power over defining crimes is shared by both state and federal government.
How has this power been asserted?
The federal govt. has its own laws that everyone needs to follow and are clearly defined and have a standard of how harsh the punishment needs to be. The states however have additional laws that they dont all share and might not exist in other states and have standard of how harsh their punishment needs to be aswell.