You can't charge people with "what you think they might do". It's sorta not cricket.
Heard a horrible interview on CBC years ago. It was a young woman, who had been one of the Ceausescu babies. in a Romanian orphanage, adopted fairly young, age 2-3. However, one of the side effects of this brief Romanian system was that the babies were not touched, or cared for, beyond food, in their first few months. Huge risk of psychopathy. This young woman knew she had psychopathic tendencies, as did her mother (there had been some small animal victims), but she didn't know what to do about this. She felt like a bomb waiting to explode , but she didn't want to be punished for something she hadn't done. Yet.