So if a person walks into a room holding a letter opener, trips and kills her cousin sitting in a chair, that behavior is to be treated the same as if she tries to kill him?
Cyborg is right, if a bit pithy. You have it very nearly exactly wrong.
You are looking at consequences; I am looking at behavior. Unless you wish to outlaw tripping, you have chosen a poor example. Additionally, it is
our current system that differentiates among A) reckless driving (someone loses control of the car), B) vehicular assault (same, but now after losing control you hit another car), and C) manslaughter (same as before, but now the person you hit dies, even days later). Note, the "conscious intent" is the same in each--B and C are different only after the point where control of the car has been lost. We are trying to oversimplify--we want a singular cause (and a person to blame) of whatever the eventual damage might be.
Prescientific or not, the system makes distinctions based on conscious intent.
Yes, and on the severity of the damage. It only makes sense from a make-believe perspective wherein conscious actors, fully cognizant of the potential consequences of their actions, choose freely to engage in those actions and are thus blameworthy. Anyone who has ever had the need to say "oops!" knows that the real world is more complex.
What our current system does do, is allow the larger society to evade any responsibility. Most of us, I would wager, have heard the mantra "if you blame the environment, you are letting the criminal off the hook!"; what we escape is the corollary--when we blame the criminal, we are letting the environment off the hook. If we know that particular environmental conditions (educational or economic, for instance) are causally related to crime, shouldn't we address these conditions
before a crime is committed? Fortunately, by blaming the criminal, we don't have to spend that money. But...surely the criminal is to blame, is he not? Well... no. But that does not mean he evades punishment. When we separate blame and punishment, we can recognise society's moral obligation to change the environment, but also the pragmatic necessity of applying the appropriate contingencies for those who behave unacceptably. "Blame" is not a well-defined concept, but a fuzzy (and as I said, prescientific) notion that has served us reasonably well, but should not go unchallenged.