<s>[INST] In the given scenario, the judge is being unimaginative, naeve and residuary if he sentences the following cases with the same punishment. Using the residuary clause, determine the correct sentence for each case.

Case 1: John, with malice aforethought, pushed 7-year-old Emma into a swimming pool while her parents were not looking. Emma was rescued by a bystander and survived.

Case 2: Alex, while playing a prank on his friend, pushed his friend into a shallow kiddie pool.

Case 3: Mark, in a fit of rage, pushed 85-year-old Mrs. Smith into a pool during a heated argument over a parking spot. Mrs. Smith drowned.

In each case, the residuary clause would imply that the punishment should fit the circumstances and severity of the crime. Here are correct sentences using the residuary clause:

Case 1: Attempted murder

Case 2: Misdemeanor or a warning if Alex was a minor

Case 3: Murder or Manslaughter

Choose the best answer for the following question:
 
What is the primary reason for applying the residuary clause in these cases?[/INST]