i don’t think anyone can justly divine that. this is why we have laws and such that deal with wrong-doing in a very logical and detailed way (i.e. commit a type of crime, receive a penalty/punishment/amount of forced habilitation within a pre-determined range).

the concept of law has existed for long but there has been many different forms and shapes of it. i’m not a historian, but a cursory read in the last few hundred of years of human law (and not bird law!) will show that typically the law was a way for the de-facto rulers to enforce their rule. the police didn’t originate as peoples protector, even though they took on matters such as public order and safety, but as enforcers for royalty, nobility, or other leaders (a strange example; samurais).

through many different times in humanity, law has simply been the ruler making all decisions; a judge and executioner in one. especially the medieval ages are littered with examples of very centralized rule (i.e. one person, like a baron, king, depending on scale).

what i’m trying to get at is that, people have very different ideas about how justice should work, and what sort of methods should be used. in earlier times, such draconian and centralized systems were enforced and you simply had no say.

with all of this as backdrop: it doesn’t really matter at what point we perceive him to be complicit in his perpetual misery. what matters is only this: whether he committed a crime or not. regardless of whether he has ever been a partner-in-crime to his misery, we can definitely and justly make a decision based on his actions (rather than his intents).

this is a huge forward step for justice across the globe, where power in a judicial sense is removed from opinion and established in fact. of course there are many nuances to every system, centralized or decentralized, but i think it’s worth saying that we have only just “recently” achieved a justice system that is somewhat fair and i think a huge part of it is removing a persons intent/complicity in their state of life in regards to any judicial choices done for their part.