You can send someone to prison if they hurt someone driving drunk or distracted. Can we do the same thing to Autopilot users? Someone has to be seriously punished when they hurt people, and unless there's some meaningful way to send Tesla to prison, the beta testers will have to do.
If my brakes fail and I hit an innocent bystander (assume I could not have reasonably prevented this collision), am I going to prison? No. Are the manufacturer or designer of my brake being sent to prison? Probably not, as long as this isn't a consistent issue.
Tesla should be penalized for reckless behavior in the promotion and development of their FSD. However, reality is any product performing a sufficiently risky action for sufficiently many people will have a very small number of catastrophic failures. I could make a similar argument to yours for cars, planes, much of modern medicine, most electric products, alcoholic drinks, etc, etc.
