But we do take those things into consideration. Circumstances, conditions, and the feelings of the perpetrator. In a court of law especially. Crimes of passion, first degree murder, second degree murder, manslaughter. Premeditated, aggravated, temporary insanity. We do it all the time. Doesn't push the crime to the side, but it does alter the punishment and sentence served.
My emotions for Elhokar change drastically over WoR. Had a love hate relationship with his screw ups lol. But by the end, where he gets all emotional with Kaladin when he's drunk, shifted me more towards feeling sorry for him. Dude just wants to be like his dad, basically. He just doesn't get that great people never think about being great, or being seen as great. They have great goals, and accomplish them.
As for him seeing Kal surgebind in the arena; He's already thinking he's crazy because he's (possibly) seeing Lie spren, so he may have just attributed it to that at the time.
Im sure he will form a relationship with Kaladin now. I would like to see him trained by Kal or one of the Bridge 4 crew. Would help him a lot.