> It's about deterrence. Make the next Schlitterbanh's owners think thrice about safety and engineering.
If the current owners of the water park had been afraid of jail, they would not have built such a dangerous contraption.
If jail is supposed to be about deterrence, this gives a (Darwinian) advantage to people who do not care about getting into jail. Is this what you desire?
> If the current owners of the water park had been afraid of jail, they would not have built such a dangerous contraption.
That's just silly. First, this case is being publicized. A light sentence will not deter anyone watching, but a heavy one will, at least for as long as this case is remembered -- if we have to do this again 20 years from now, so be it. Second, that the owners/operators in this case were not deterred says nothing about future potential owners/operators of similar attractions.
> If jail is supposed to be about deterrence, this gives a (Darwinian) advantage to people who do not care about getting into jail. Is this what you desire?
I don't follow. I think you're way oversimplifying things. Also, most people don't want to go to jail, while the ones that don't care should land there early and often and eventually for long, thus negating their "darwinian advantage".