If not, then why do those laws exist? Either we're ok with those sorts of actions, and we should repeal the laws, or we're not, and we should enforce them, equally and universally. Anything less leads to biased enforcement.
I say no, but I'd also prefer laws that are more written for more specific application. If a human can make the call that "it's not right to apply this law here; doing so would lead to more lawlessness," so can a penal code. And giving much discretion to the humans enforcing law leads, more often, to undesirable outcomes (eg. "by random chance wink wink, this law only seems to get enforced against Black people").
Yes.
If you have a problem with that, maybe it shouldn't be on the books.
Sure, I'd be all for removing a huge chunk of laws that exist today. In the meantime I don't think anyone actually wants every law to be enforced every time it is broken. Our legal system would grind to a halt.
> Our legal system would grind to a halt.
Because it isn't a system so much as a kafka-esque nightmare.