Standards of law, when explicated under the auspies of "evolving decency" are incredibly unpredictable. In one case, a law proscribing punishment was overturned when that same law had been upheld 11 years earlier on the same basis. When law has such flux, there is no rule of law as certainty. Perhaps one could construe a more harsh punishment than that offerded by the state if it decides that society wishes it at the time.
Interestingly, the Terri Schiavo case in the