By action or intent ?
Is it not the intent that more fully determines the person As he or she is rather than the resulting action ?
yet the judicial system makes judgement based on action, rarely looking at why that action was taken in determining conviction and sentence. Or it is done but matters little relative to the resulting outcome. Take unintentional man slaughter. Hitting a man with your car without any conscious intent could land yoh in prison for a long time; all depending on the judge, and other factors which in this day and age should not matter but does. Such as race, class, etc. for example, if one is unable to pay their bail their stay incarcerated, leaving those of lower economic status far more likely to be and stay incarcerated not only initially but thereafter as well.