Who deserves the harsher punishment?

[patrick1]

I agree with SMID.  There have been many cases of store clerks tied up and killed. The threat of violence is real.  What if Mr Valjean's gun goes off accidentally and kills someone? What id an off duty cop is smacking down some BK, a shoot-out ensues killing the 16 year old behind the counter. 

A more fair scenario for me would be a three card monte street hustler vs. Mr. Gulfstream V in which the later should be punished more.