I guess we'll have to agree to disagree. I think much of that type of thinking is what led to the black markets we have even though you use a smart way of defining victim. It can be interpreted all sorts of ways though. Civil rights and violence is much easier to define. Also as time goes on and systems change, the definition of victim might change i.e. in war, terrorism etc. If it is based solely on violence and civil rights then there is a clear line. But good discussion, sometimes in discussions people have different points of view and that is ok.
Yes, we can agree to disagree. Violence is also murky to define, I feel you're glossing over that a bit. All kinds of abuse exists that don't involve physical violence that are quite easily argued as violence.
We disagree on the detail and metric used to define it but I agree we are locking up way to many people and the punishment is cruel and unusual if it goes beyond the crime i.e. non-violent crime resulting in being locked up with criminals who are violent to me is cruel and unusual punishment and a rights violation.