Seems as though Ant' has finally arrived at the same place some of us have been since C&P was first discussed.
The fundamental problem with C&P, in ED, is that it seems like different aspects of it have been designed purely to address specific "problems" rather than with the intent of creating a proper "legal system" which people can choose to abide by or not.
If you consider the real-world, it's fair to say that there are a myriad of individual laws but the legal system, itself, is still pretty straightforward.
Sure, it's easy to unwittingly commit a trivial crime but it's almost impossible to commit a serious crime without having some idea that there will be serious consequences.
ED's implementation of C&P seems to lack that basic intuitiveness.
*EDIT*
FWIW, I've always thought "C&P" should be the stuff related to all criminal activities within the game.
If FDev want to take steps to deal with griefing/ganking/seal-clubbing, I'd suggest they consider using a separate system for that, rather than attempting to incorporate it into the general C&P.
Personally, I'd suggest they implement some kind of "Pilot's Federation Enforcement Department" (the FED's, for short?) which are a lot like the current ATR ships but are set-up so they detect when players have killed other players over a short period of time and then, depending on the severity of their crimes, give the responsible players an appropriately hard-time.