My point is: did criminal made a decision to commit a crime based on facts and rational tough or he made it based on other factors. Was he even capable of doing so(drunk driver, ideological driven crimes). Did he considered the length of sentence, when his goal is to not get caught and not minimising the time of incarceration?
Does in your example crimes with lower rate of catching criminals will end with a very high sentences and few caught will get an unreasonable jail times?
"You have pirated a song, an infinity in jail is Your sentence"
"Data-driven" is a reasonable approach, but what data should be allowed to drive? Choosing what kind of data to use and making relevant conclusions from it is the hard part.