Of course! A government without punishment, is not a govenment but rather anarchy.
You've got the wrong word. The application of law to attempt to punish a person as a criminal is prosecution. Persecution is the attempt to exterminate/subjugate people based on some other aspect of their character, be it race, lifestyle, gender, religious beliefs.
A government with persecution is therefore an oppressive one that tends to "violate human rights". A government without prosecution...well, although this is hypothetical I also don't know whether that's necessarily anarchy- it's possible to run a system only on positive incentives to behavior.
What is now amazing me is that I realize that a person with no equivication in the flow of our governmental policies or decision making process can bring about so much debate over getting caught doing an illegal activity. If it was Joe blow civilian with no popularity status, it would make no difference. But, give him celebrity status, with the possibility of role model position to boot, and you have yourself a story. Didn't TMZ have the foundation for its business?