“I don’t understand your point. Criminal conduct that is not discovered is by definition unpenalizable. “
It is discovered, just not prosecuted.
For example, MLB player caught doing 110 in 70 zone. Charges dismissed.
So? He can’t hit a fastball any more? I don’t understand why that disqualifies a baseball player from playing, any more than Robert Downey’s DECADES of drug abuse keep him from playing Iron Man now.