Eh, I understand the general negative feeling about what transpired, but I don't share it nor the opinion. There was an antecedent of Higuruma not understanding what Confiscate did before encountering opponents with or without particular traits (in this case, owning a cursed weapon). Nerfing Sukuna to oblivion would also not be satisfying as a way to defeat him, and whenever we are told (in any shonen) the whole masterplan behind the good guy's moves before it takes place, they fail, that was expected. Did it fail because Sukuna was lucky? Unless we learn anything new next chapter, yes, but his face clearly shows he wasn't done even if he had his CT sealed right now (it's not exactly farfetched that he could neg Higuruma even without his CT, and then get it back).
There were multiple similar complaints about the writing when Gojo lost and I didn't share that either. I respect them, but I do like this, nothing I can do about it.
WEAPON HE DIDN'T USE IN A CRIME HE IS BEING TRIED FOR
If you rob a bank with a gun, and I charge you for that, taking away your kitchen knife and not taking the gun you committed the crime with is idiocy
There are multiple things mixed in your complaint.
- The sentence is still just a CT based solely on influencing the fight. It has it's own priority system that as we already knew isn't based on the crime. The priority of tool - technique (in the lack off) - energy (in the lack of) does make sense.
- What about being related to the crime? Judgment can sentence you about things that aren't even related to CE at all (like Yuji was initially) and still may seal your power if it's grave enough.
- You're comparing this to real life. Are you telling me you only confiscate the weapons of an accused criminal after the sentencing? It wouldn't be about it being used on the crime or not: the accused would have been confiscated of any kind of weapons and restrained before the trial started. So it's clearly confiscation as a judgment is not something you can compare to real life.
I'm sorry, but I understand your complaints less than the ones about the narrative.