But that makes the laws even more arbitrary than they are now.
The ONLY reason someone who has 5 grams of Cocaine should get a lower sentence than the one with a kilo of it is the intent to traffic. Other than that, it makes no difference.
Intent has to matter, because otherwise we end up with a system that has no middle-ground. And cases AREN'T black/white. Should the person who (truly) accidentally stabs someone get life in jail? No, that makes no sense. But the only reason you wouldn't is because they had no intent to kill them. Maybe they turned around too fast with a knife and didn't realize someone was right behind them (and I say this, because my dad totally did that last weekend, and just barely missed me).
Intent has to matter. To what extent is debatable. But there are MANY historical examples of systems where they didn't, and those governments all fell very, very quickly.
[EDIT]
Hate crimes do fall into this category, as it has to do with intent. It's premeditation.
Edited, Mar 31st 2010 12:28pm by idiggory