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Maybe I'm hoping for a more thoughtful legal system than is actually in place. While your example would be unusual it's only unusual now. Meaning you're basing what what is usual on the length of the prison sentence can gradually increased over time as long as it never appears to be usual compare to the "current mean". Much of this is legislated which implies to me that unusual would fall outside of what has been legislated.

Forcing someone to eat a box of baking soda would be unusual to me because it's in a totally different category of punishment. Like fining, community service, or death instead of prison.

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