I think we're talking about applying justice here, and many of us (at least I am) are talking about felonious crimes, not stealing a couple CDs from a record store.
Here in Indiana, we just found the body of a 10 year-old girl, most-likely brutally assaulted and drowned. Why? Because she witnessed a "meth-lab" in operation. The self-admitted murderer claimed that he "didn't want her to tell anyone" about the drug lab...you think I care if they charge that guy room and board? Somehow, I just don't think Jefferson, Franklin, Adams & Co. fought the Revolutionary War to protect this guy's rights.