If by some astonishing bad luck some that type of scenario did happen (highly unlikely, but the probability is not zero), that's what "extenuating circumstances

If by some astonishing bad luck some that type of scenario did happen (highly unlikely, but the probability is not zero), that's what "extenuating circumstances" is for. We already have provisions in law to allow for the very rare and unusual situations where someone is guilty of a criminal act for a good reason. Therefor the people using the mythical "ticking bomb" scenario are asking for something else.