actually like the above poster said. you're losing it right here.
if you're a pedo and i catch you after you've pedo'ed 10 kids. but i've known you from birth. i know what you've been thru. i know you were diddled all throughout your childhood and no one did anything about it even after you told your parent(s). i mean what if it was your step pops, and you told your mother. but she didnt do a darn thing about it. you told other adults in your life and they didnt do a darn thing about it. you had a little sister and she was getting diddled by the same dude and no one would help her.
Why didn't YOU do a darn thing about it? I'm not arguing from the problem of evil, but it is applicable if god could stop pedophilic acts, but doesn't .... just like you in this scenario.
So you turn into a pedo and run the same cycle. how hard can i go on you when i know thats your life story? who was really at fault for you becoming what you've become? YOU or the adults in your life? its about 50/50. or it could be worse. more like 70/30. because serious childhood trauma can make you mentally ill. there's a reason girls that are diddled at a young age a lot of times turn out to be what some would call sluts. or man haters who end up jumping ship to the other side(yes this can happen also).
Again, you are at least somewhat reprehensible if you KNOW of child abuse but do nothing to stop it. Maybe not 100%, but you're still an overall despicable human being. Do you not agree?
so should i punish said person the same way i would punish a person who did the same crime and i know their background was all peaches and creme yet they chose to do these things just cause? is that fair to give the exact same judgement?
Of course not, and that's exactly my point. People argue that god is making a moral decision when he punishes each crime equally with hell. I say that is ridiculous, and each crime should be gauged on their own merit. Now, defend the position that your God has.
reality is the fact that you may be mildly intelligent isnt fair when there is some other guy out there thats not as intelligent as you. no fault of his own. he was born with a certain batch of a dna that says he wont be as intelligent as you. you were born with a good batch of intelligence in your genes. what did you do to deserve your smarts? ABSOLUTELY NOTHING. so when you go on to do bigger and better things in life while some other kid goes on to barely scrape by. all based on intelligence. how fair is that?
Well, I wouldn't say I did ABSOLUTELY NOTHING to be smart. Some people are born with certain advantages, some fair, some not so fair. What does this have to do with equal punishment under a system of law?

What? No. That's one of the most absurd things I've ever heard. Committing any sin once is punishable by hellfire? 
But where did you even get something like that?