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Notes -
Treating petty offenses (at the discretion of the prosecuter I suppose) more as administrative violations would probably work -- lower the burden of proof (as with traffic tickets), then you can slap tickets on the prolific offenders and jail them when they don't pay up.
Not that anyone in a position to do this would want to, but it would be way cheaper than your idea.
So there's an official in ancient Japan, sharp as a tack, a real up-and-comer. He's rapidly making his way up the imperial bureaucracy, and his rivals decide they need to nip him in the bud. The capitol is overrun with pickpockets, has been forever; the crimes are too trivial for serious punishments, and yet no lesser punishments seem to dissuade the criminals. So they decide the thing to do is to give him the job of cleaning up the pickpocket problem, and then when he fails to do so, they can quash his career.
He accepts the job, thinks it over, and issues a new imperial statute: pickpocketing is now legal, provided the pickpockets obtain and carry an official license from the government while plying their vocation. This license is a large placard, five feet tall and two wide, with the word "pickpocket" written on it in large letters visible at a considerable distance. Pickpocketing without a license is now not just pickpocketing, but violation of the imperial law, a crime punishable by death.
The pickpockets examine their options, up-stakes and relocate elsewhere. The official's career proceeds unimpeded.
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