Rules and laws that criminalize victimless crimes, or intent less crimes (sometimes called "strict liability crimes" because the intent of the actor doesn't matter) are the problems. Move the bright line to a point where no one has discretion, that is the solution.
In my neck of the woods, prosecutorial discretion has been greatly curtailed, which has just meant that everyone gets overcharged and over harassed. Many prosecutors find this frustrating, just like many judges find mandatory minimums frustrating.
"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein
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