<<is it saying that punishment for some behaviors should be
considered relative to the environment that affected the criminal when
we
consider punishment like the death penalty? That we can't help
ourselves in
some situations? >>

Possibly.  One of the arguments against the death penalty for, say,
murder, is that murder is usually a crime of passion.  In other words,
they don't think.  Historically, the data did not support the idea
that the death penalty reduced the amount of murder.

If that's true, why execute a criminal?

But I think the question is more relevant to accidental crimes.  If I
get drunk and run over a 10-year-old, why is my penalty so much
harsher than if I was merely weaving down the road and got pulled over
by a cop?  In both cases, the crime is the same, driving under the
influence.

I would argue that the penalty needs to be whatever is required to
stop the behavior and no more.  The penalty attached to unintended
consequences is unlikely to be a deterrent because the unintended
consequences are...unintended.  I don't intend to run over anyone, so
why should I be concerned about the penalty associated with that
behavior?

Probably the underlying reason is that we feel that the perpetrator
"deserves" a harsher sentence.

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