Punishing Consequences or State of Mind: An Examination of the Driving Force Behind the Criteria Used for Criminal Punishment – PART 2
This post is a hugely delayed continuation of a discussion that I began several months ago here: Do We Imprison People Randomly? If you have not read that earlier post, this post may lack context.
The Reality Equation
The intuitive response to the hypothetical presented in Part 1 is that it takes place under circumstances that can only exist in a fictional world. In reality, it is virtually impossible for Driver A and Driver B to have identical states of mind. Perhaps Driver B was driving a smidgen faster than Driver A. Perhaps Driver A had a car that was capable of handling faster speeds safer. Perhaps the wind was blowing against Driver A but with Driver B making it easier for Driver A to halt his car in an emergency. There are countless factors that could bear on the safety of the driver’s conduct. It is the action of the driver under the precise unique circumstances of the moment that give rise to the state of mind of the driver. Thus, there might never be a real situation where two individuals truly have an identical state of mind.