Earlier quoted context omitted.
No, it probably will not dissuade people all that effectively. That logic is part of the problem.
Well if nothing can be done to dissuade people from criminality we might as well not bother having a criminal justice system and put up with it.
I forget the technical term for the bullshit argument you're throwing out - "if we can't have X, then clearly you support the polar opposite of X!"
Moving on, the actual reasonable conclusion here is to be smarter about what we deem a criminal act or not.
Why is getting caught smoking a joint something that can ruin your career for a decade, while drinking a beer on the sidewalk is a wrist-slap?