You mean that its the intent of the violation that should be judged, right? So, when johnny LT gets badly beat and holds the DE so that his QB won't get flattened, that is unethical because he INTENDED to commit the violation. On the other hand, if johnny is just sitting there, minding his own business, ends up holding the same DE by accident, through no fault of his own and having nothing to do with gaining an advantage, that's just a simple penalty. Do I have that right?
Of course fans of a team are going to tend to side with that team in EXACTLY the same way that people who dislike that team are going to tend to land on the other side. A little introspection can do wonders.
If someone in the Patriots organization knowingly committed this violation, they should be punished accordingly, as should the organization.