Sure, but it’s just case law, and it’s not necessarily the most popular bit of caselaw, either. If you could actually convince the public that creative sentences were desirable, you could probably get the US Supreme Court to suddenly ‘discover’ that cruel and unusual punishment is referring only to, e.g., “disproportionate” punishments or “outrageous treatment that shocks the conscience.”
Sure, but it’s just case law, and it’s not necessarily the most popular bit of caselaw, either. If you could actually convince the public that creative sentences were desirable, you could probably get the US Supreme Court to suddenly ‘discover’ that cruel and unusual punishment is referring only to, e.g., “disproportionate” punishments or “outrageous treatment that shocks the conscience.”