I've always had a lot of trouble with giving someone the death penalty based on how horrified we are by the outcome of their crime. Surely the intent and the action should be the relevant factors, not the outcome, especially if the outcome was not easily predictable by the criminal.
It's an interesting point.
I've heard there's a question some researchers ask little kids...which kid did something worse, Jimmy who spilled a little ink when he was just fooling around, or Billy, who made a big ink spill when he was trying to be helpful. Intentionality is a big part of the law, even though it can be faked, and the people who are dead and injured on that train are no less dead or injured because the guy might not have meant it.
Might not have meant it? He's not responsible because he didn't think through his actions?
Bah...take him out of the gene pool...quickly.
I think he already has bred, too late.
Daddy Darwin a little slow on the trigger.