If you shoot someone and hit their head killing them or just their ear, its a matter of luck (and possibly skill), the charges are different. The justice system judges based on intent as well as outcome (i.e. execution X luck).
Seinfeld: Different skill level
I get that there are different views on how much punishment should be based on intent vs outcome. My opinion is factoring in outcome in criminal sentences is often pragmatic, but if we had omniscient judges, judging on intent would be ideal.