Maybe unpopular, but I don’t think the victim’s pain and suffering should be relevant in determination of guilt, sentencing, or reintegration, just as a victim’s resiliency is obviously not. The important thing is the demonstrated intent and willingness to do harm, or inability to control their harmful behavior, because that is what we can expect more of.
The actual pain should not be an influence, yes. The 'usual' influence, however, should be, as it's directly related to the willingness to cause harm (imo).
Sure, but there are many popular cases where the courtroom was used as a sympathy circus to establish both guilt and impact. It should be against jurisprudence to allow this.
