Hilzoy wants to know:
If most people tried to make the case that prosecuting their criminal acts was just "looking backwards", or a sign that the prosecutor was motivated by a desire for retribution, they'd be laughed out of court. Imagine the likely reaction if your average crack dealer were to urge the judge not to dwell on the past, or if someone who used accounting fraud to flip houses told offered a prosecutor the chance to be "very Mandelalike in the sense [of] saying let the past be the past and let us move into the future", or if I were pulled over for speeding and, when asked if I knew how fast I was going, replied that "Some things in life need to be mysterious ... Sometimes you need to just keep walking." I don't think any of us would get very far.