This is why judges get no respect. Too many of them are too afraid to dish out the punishments most likely to be effective because they don't want their punishments to be seen as "cruel and unusual".
Too many people want to eliminate fear, and that's a bad idea. Fear is the beginning of wisdom. Fear keeps people from doing stupid things. Our jail cells, hospital beds and cemeteries are filled with people who weren't afraid of things they should have been adeaid of.