But why doesn't that hungry homeless person go to one of the many charities, community kitchens, etc. that hand out food for free with no strings attached? Most likely because they are in a place selling food, they know there is no punishment if they just take it, so they do.
Off the top of my head, charities might be closed, they might be banned from a given location (perhaps for stealing from the charity’s other clients) or perhaps they’re ignorant of the available resources.
That sounds like rationalising away bad behaviour.
If there are many good options and the person performs the one with maximal negative effects on society, I'm perfectly happy to hit him with punishment. I'm more amenable to necessity, but that's not what you're talking about here.
