Isn't the idea that the intent behind actions being legally relevant pretty well established? There's a difference between different degrees of murder and between murder and manslaughter based not on whether the actions themselves differed, but whether the intent to kill was there (and not even that, but how _long_ it was held, e.g. "spur of the moment" versus premeditated). It seems like in any case where intent is relevant, looking at the context of the accused would be necessary to determine the scope of the crime.