[dragontamer]

My point is that the _state of mind_ of an individual plays the most important role in determining the individual's punishment.

This was no schoolboy on a dare, this was a political activist making a political point. The author was punished severely, but do not trust his reasons for it. (Last year, it was because of Stop and Frisk. This time, he doesn't even seem to have a political excuse... it seems more like a call to a generic "$%#$# the police").

He did NOT seek to "learn about the justice system", he explicitly tried to get arrested to protest the stop and frisk laws that were being implemented in New York City. Jailtimes and Probation are the expected risks you take when you a political dissident like that.

Besides, there are less obtrusive ways of protest than spray painting a public building.