And they deserve every last bit of it and more.
That's an interesting phrase.
How does one measure the amount of torture any given person
deserves?
Suppose you're driving down a road, not violating any rules.
Suddenly, a little kid runs onto the road and gets splattered against your bumper. (Addendum: he emerges too close and too suddenly for you to stop the car in time.)
After that, his mother looks up from her phone and sees what happened.
From the mother's point of view, you killed her kid and deserve to be flayed alive and sewn back together for no less than seven million years.
From your point of view, it's the mother's own fault for not watching her child next to a busy road, and you deserve anywhere from 0 seconds to (if you're feeling really bad for her) 2 weeks of torture.
From outside observer 1's point of view, it's the
mother that's at fault for bringing a child into this world and then neglecting him in dangerous circumstances;
she's the one who should get punished, not you.
From outside observer 2's point of view, you are a child-murderer no matter the circumstances and therefore, by definition, deserve to be sandwiched by obese lawyers with acid-coated strap-ons for no less than 102 years and 3 months. The neglectful mother, in turn, should be waterboarded for seven days and seven hours. (Nothing personal, it's what his denomination says your actions deserve.)
From outside observer 3's point of view, the kid ran out onto the road of his own free will, so no one should get punished; punishing either of two people for the free choice of a third would be wrong.
So... everyone has a different opinion on what punishment you (and the neglectful mother) would deserve in such a situation.
Even in a really clear-cut case, the one who
has wronged and the one who
was wronged will usually disagree on that amount, because the one who has wronged always has a few really good excuses for his actions and the one who was wronged will want revenge without regard for what's fair.
And no matter what amount of torture you choose to inflict on every actor involved, some people will think it's undeserved because it's too much torture, and some will think it's undeserved because there's too
little torture.
So... if there are only subjective opinions on the matter and if no option will really satisfy even a majority of people, how does one determine the amount of torture that is
deserved in any given case?