Let me put a finer point on it: the point of the criminal justice system is to punish people for what they did to the victim. The victim is the key - the reason why there is a criminal justice system. Wolram is focusing on the defendant. That's not why the criminal justice system exists.outcomes are easier to judge than intent. i don't think you want to start making juries' jobs even harder than they are now, or to start locking people up for life every time there is a violent altercation.