I mean, that doesn't have to stop the jury from including it in their verdict.
The legal system is way more flimsy than a lot of you people realize.
Here's a case of a bootlegger that killed his wife after he got out of jail because she left him and sold all his stuff: https://en.wikipedia.org/wiki/George_Remus
He was found not guilty even though he admitted to doing it. Apparently the courtroom cheered (I don't blame them, tbh.)
It's by design. We don't want the disparity in wealth to shrink so we only elect people who exacerbate it.