[phxrsng]

What you are suggesting is exactly the circumvention of a system designed to take into account mitigating factors (this is why there is a mitigation section of sentencing).

You suggest that the responding officers at the scene of a crime (no matter that yes, this was not a violent crime or one committed with malice) become the judge.

That's an incredibly slippery slope.

And in this case, whats the officer to do? He can't just magically arrange free or reduced cost medical treatment for the man he was just called to arrest for attempting to rob a bank.