I agree with all of your points. Very salient. Though, judging by a lot of (presumably) American's comments on this thread, this is the way American's want it. There seems to be a lack of understanding of the intricacies of the law, and a general nastiness that if you fall afoul and are treated harshly, like a criminal, then it's your fault.

I guess it makes sense. The country hasn't become a prison state with the highest incarcerated population in the world by thinking clearly and acting commensurately.