Full Idea
Leslie Stephen argued that when the question is how severely an offender should be punished, an estimate of the degree of moral wickedness involved in the crime is always relevant.
Gist of Idea
Moral wickedness of an offence is always relevant to the degree of punishment
Source
H.L.A. Hart (Law,Liberty and Morality [1963], II 'Moral')
Book Reference
Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.35
A Reaction
[Stephen 'Liberty, Equality, Fraternity' 1873] The degree of responsibility (after excuses etc.) is obviously also highly relevant. If vicious murder is punished more harshly, that seems to be an assessment of the character of the murderer.