I ask you to remember your time in school. Were teachers more inclined to make rules to restrict typically behaving students, or make new rules to restrict and be able to punish the worst behaved members of the class? The bottom chunk of any group is going to be what determines what rules are needed to keep things remotely civil. Most people won't engage in murder, but because there is a subgroup that will do so penalties and disincentives need to be in place to dissuade them. (Putting aside that many of the people who engage in violent crime don't think about the consequences [or any second order thinking] they aren't so much deterrents as ways to in theory remove bad actors after they've acted)