You can't prosecute all crimes. It makes sense to triage and consider motive/intent/circumstances in the interest of justice. On the other hand, selective enforcement is a problem and prosecution is a deterrent. Should leniency be left up to sentencing?
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For sure. I think this is about the prosecutor considering the financial desperation level of the person caught stealing when deciding whether to proceed with the case.
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If you are broke and starving when you're caught stealing groceries, you might not be prosecuted. If you are rich when you're stealing loafers from the Gucci boutique just for the thrill, you will be prosecuted.
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In a well-regulated free society, citizens are many in number and law enforcers are few. Good government depends on the consent of the governed. If unchecked dissent grows out of control, then governance changes, most often resulting in descent into police state of some kind.
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Why not remove discretion and make arrests and sentencing mandatory with fixed punishments? I think that’s the fastest way to decriminalize about 70% of what is now against the law...