Earlier quoted context omitted.
When we talk about this I think we really need to talk about Blackstone's Ratio [0] which was clearly an influence for the founding fathers. We're talking about peoples' lives and freedom, how highly do you value these? [0] https://en.wikipedia.org/wiki/Blackstone%27s_ratio
Thanks for introducing me to this. Personally I think instead Schrodinger's Cat is more appropriate to legal policy. Measurement effects the result. In that excessive policing, where a people are treated with extreme prejudice as likely offenders, creates more offenders. Because the incentive to be a good citizen is eroded by your social guardians.
Really what Blackstone's ratio is discussing is failure design. In good engineering practices we want things to fail in specific ways. So we actually design failure. For example, if you are building a skyscraper you want to design your building to collapse in on itself as to not take out other surrounding buildings. The trade-off here is that you aren't building the optimal structure, but overall you have greater safety (obviously you still have to meet base structural and safety conditions).
This is a better analogy than SC, which is about the complexity of statistics and observation (which mind you doesn't need to be human nor have a consciousness). Really here we're talking about how we design failure in law. "When laws fail, what should happen?" Blackstone's has nothing to do with measurement and observation (which mean more in the QM world than what they mean in our macro world or in engineering. We physicists aren't always great at explaining. Sorry :( )