There is a complicated legal and political process because there are a lot of things which are criminal that really shouldn't be. Historically, the law has been used to come down hard on people who:

* Say bad things about the king.

* Said good things about the king.

* Are homosexual and attempting to live their life.

* Are black and attempting to live their life.

* Are foreign, regardless of activity.

* Are female and attempting to own property.

* Are local but not the right type of local.

* The actual person is OK but they're trying to help the Jews.

* Own the wrong book.

* Worship the wrong god.

And in hindsight it is generally agreed that those laws were poorly thought out. Giving the police tools to enforce 100% compliance with the law is by no means a sane thing to do. And if that is the plan it would behove us to make sure the law is good first. Which it obviously isn't there are gaping holes in every legal system.