Justice system??? Can depend upon the day of the week it seems. Look at the instances of some little b@stard who steals a car and plows down somebody walking down the street, 100 hours community service and a driving ban for 3 years.
I do find it amusing that Human Factors are always ready to classify circumstances regarding an incident - workload, time since last break, cognitive errors involved. And I'm sure this is all compiled and stored in a database somewhere. And not being a legal type, is cognitive error (we are human) a sufficient defence?
An instructor of mine once coined a phrase that will always stick with me ........ Tin plate your a$$.