Title.
Let me give an example:
Chefs A and B both under-cook a meal, by mistakes, the same meal, to the same degree.
Chef A's customer gets food poisoning.
Chef B's customer gets food poisoning and resultantly dies.
Should Chef B be punished more severely than Chef A?
On one hand, the family would seek justice against him for causing them sever pain, on the other, should one really be punished for consequences that are beyond their control once the initial deed has been done?
Is it really just to punish someone for something that is out of their control, as opposed to simply punishing them for the 'part' of the even that they had direct influence on?
I think a person should be judged by a COMBINATION of their actions AND intent. The consequences are by-products that are often outside a person's control due to the complicated nature of the world we live in and the high degree of randomness and 'luck'.
If two people perform the
same action with the
same intent and under the
same circumstances, then it should follow that the
same consequence should result. If
different consequences result, then there was some unknown aspect or some bit of randomness present that was not accounted for that has no bearing on their actions nor on their guilt or innocence as it was
out of their control.
Of course, in the real world, no two circumstances are identical. But, it is for this reason that I have a really tough time with manslaughter charges. Lets say you and I are both driving down a road going the speed limit. We are both good drivers and are paying adequate attention. The only difference in our situation is that you are behind me and thus I am a few seconds ahead of you on the road. A child darts out into the road which neither of us could have possibly ever seen and I, being in front, kill the child. My actions and intents are the same as yours but it is simply some cruel act of fate that had me in a slightly different circumstance than you: arriving 15 seconds prior to you. Had the child darted 15 seconds later, the situation would be reversed. And yet, manslaughter charges result for one person and not the other. It seems unfair.
With regards to your chef example, I feel the same way. The actions and intents are identical and, had the two chefs switched plates at the last second by accident, the first chef would have ended up poisoning the customer and leading to death whereas the second chef would have only been responsible for mild food poisoning. It is just some cruel act of fate that the customers received their plates from one chef and not the other (assuming all other facts are equal).
Both parties should be punished for under-cooking their food or not washing their hands or whatever. Perhaps the restaurant should have an inspection to ensure safe food practices. But neither should be punished for killing the customer. In my mind, if you punished the one, you would have to punish the other because it was entirely outside their control as to where the customers sat and which plate got served to which customer.