Which aspect is NOT considered when determining penalties?

When determining penalties in Magic: The Gathering tournaments, one important aspect that is not considered is the player's record in previous tournaments. The focus is primarily on the current situation of the match—including the specific rule violation, its severity, the intent behind the action, and the game state at the time the violation occurred.

Player intent is examined to understand whether a violation was accidental or deliberate, while the severity of the violation helps assess how serious the infraction is in the context of game integrity. The current game state is also crucial, as it provides context for understanding the impact of the violation on the ongoing match.

By not considering a player's historical performance in tournaments, the rules ensure that each incident is evaluated based on its own merit, thereby promoting fairness and maintaining the integrity of the game. This approach prevents biases that could arise from previous records and focuses solely on the actions and circumstances relevant to the current event.