It would be nice if society adopted this with all crimes. It's not like we can prove we're any different than the low level design of a machine; when it comes to the "free will" ideology currently the justice system is designed around.
To a large extent we already do that, e.g. many countries have upper limit in punishment (like 30 years jail max), or allow criminals to delete their criminal past after some time has passed, not because that "just" or "fair" or whatever, but simply because it's "effective".
The distinctions our legal system makes regarding coercion, mens rea, insanity, etc are mostly trying to get at this same underlying distinction.
"Whoa, there sure are a lot of fights at bars we have to keep responding to! Maybe those would happen less if we had fines for bartenders that had too many fights? Or maybe if they had to get a license that we could revoke if they weren't preventing fights?"
"Whoa, it seems that a lot of people don't own guns, but then go and buy one when they get pissed and shoot somebody. Maybe that would happen less if we had waiting periods?"
And I just realized you're being downvoted. How surprising.