Punishing Consequences or State of Mind: An Examination of the Driving Force Behind the Criteria Used for Criminal Punishment – PART 1
On a pleasant spring day, two men go out hunting. They both have a history of heart problems and have both had a heart attack within the past year. As they are walking through the forest a loud bang from another hunter startles them and triggers another heart attack in each hunter. Their fingers involuntarily clench the triggers of their rifles. One of them fires a stray bullet into the dirt. The other fires a bullet that travels two-hundred feet to where another hunter is hiding the bushes. The stray bullet strikes this third hunter in the head. Should the hunter responsible for discharging the bullet that ultimately killed a person be punished differently from the hunter that shot the bullet into the ground? Stated differently, as a society, how do the mere consequences of a defendant’s actions bear on our punishment of his crime?