I think the OP asks the wrong question. Given that one of the game design visions is to allow freedom of action (and players accept this by logging into Open), isn't the real question: "How is the overall multiplayer game improved for the majority of players by the development and deployment of ineffective, if not laughable, responses to those who commit serial, capital, criminal actions?"
Because one might think that FDev has shown, by evolving the C&P features, that they recognize some degree of overall community (and public game perception) harm that just a few, talented and determined, anti-social players, often acting without any game-related sanction or incentive, can wreak upon a disproportionate number of other players, spoiling their enjoyment and occasionally driving them permanently from the game. But then those same developers deliberately (and at ridiculous expense) deploy systems that completely fail to change criminal player behavior (as defined by the game), even in what are labeled high-security areas.
The only logical explanations I can think of would seem to be:
1) FDev is incompetent -- which certainly does not seem to be the case, given the general brilliance of the game; or
2) FDev's design vision includes certainty that unpunished criminal action improves the overall multiplayer game for everyone (including those not inclined toward combat) and, since this is inarguably a business, the game's long-term financial viability.
The second explanation seems like it must be the right one. But it makes no sense to anyone I've asked (among those who've studied the growth and maintenance of healthy (profitable) multiplayer communities since the 1980s, when Kesmai deployed the first graphical MMOGs). I'd *love* to see the designers' thoughts (and metrics, because all public companies track such KPI's) that drive and defend the sustainment of Elite Dangerous's current, non-penalizing system. It'd be educational, I'm sure.