I think you're oversimplifying. Those are hard questions to answer and have the impacts extend beyond the victim and perpetrator. There are social costs to each of those decisions. Part of the legal system is to ensure there is that balance. That is the social contract. Determining if this is done effectively (or even at all) is a different question, but one that can only be answered through answering a million smaller questions like this one.
Of course it’s difficult. But simply not holding them responsible at all for the costs they incur on society, and not making police and judges at least partially responsible for actually solving cases or ensuring recidivism is reduced is also not an option.
