 What motivates all of these variations of the harm-within-the-risk test is the following insight: when assessing culpable mens rea, there is always a “fit problem”. Suppose a defendant intends to hit his victim in the face with a stick; suppose further he intends the hit to put out the victim’s left eye. As it happens, the victim turns suddenly as she is being hit, and loses her right ear to the blow. Whether the harm that happened (right ear loss) is an instance of the type of harm intended (left eye loss) is what is called the fit problem. Fact finders have to fit the mental state the defendant had to the actual result he achieved and ask whether it is close enough for him to be punished for a crime of intent like mayhem. (If it is not close enough, then he may yet be found guilty of some lesser tort or crime of battery or reckless endangerment.)