From a libertarian perspective (my own at least) I would say that a large part of the problem is that more government = more laws. I'm sure that the attorneys here would agree that there are now so many laws carrying the possibility for jail/prison for violation that almost every citizen in the country is in jeopardy of doing time. Don't believe that? Well, I'll bet you can't quote all of the laws out there that are addressing your behaviors; not in this life time any how.