That's logically equivalent to arguing that the state's failure to prosecute so-and-so for some crime amounts to condoning the crime.
I hope you're not a lawyer.
“That’s logically equivalent to arguing that the state’s failure to prosecute so-and-so for some crime amounts to condoning the crime.”
But it does by its inaction. Look at the proliferation of the spousal abuse defense, or the diversionary regimens for drug/alcohol crimes.