It is difficult to prove the mental state of the perpetrator. Strict liability induces an even higher level of care than does negligence liability. Strict liability discourages the kinds of activity that can produce the effect. Deontological Arguments Against Strict Liability Unfairness of punishing bad luck. Murder carries a heavier penalty than attempted murder.
Vehicular manslaughter carries a heavier penalty than reckless driving.
Others are evil only because they involve breaking the law. Defendants were major players, present at the scene. Tison dissent Tisons did not act with reckless disregard for human life. Prior agreement that no one would get hurt. Defendants surprised by killings.