This is true but what some people don’t seem to understand is it has more to do with likelihood of being caught than severity of the penalty for getting caught. If you think you’re going to get caught committing a crime you probably won’t do do it but most people who commit serious crimes don’t consider the severity of the punishment before hand or at least it doesn’t deter them.
You are talking about the faulty implementation of penalties, which an entirely separate thing.
Proving my dog is not a German Shepard does not mean that it is an Airedale.