

Why do we punish based on consequences caused by the crime, then?
A drunk driver is punished much more severely if they hit and kill a person, than if they hit and hurt a person, than if they hit a tree, than if they don’t crash at all.
As long as we’re punishing people based on the actual impact of their crimes, then emotional impact should count.
It’s complicated, and people can have different philosophical approaches to the goals and purposes of criminal punishment. But my argument is that people should be internally consistent in their views. If people believe that the consequences of a crime should be considered when sentencing for that crime, then emotional consequences should count, too, because emotional harm is real harm.