Yes, your counter argument is weak. Good God, man, I thought you were a lawyer.<quoted text>
My counter argument is weak? What's your argument? All you've said is that it's not a proven deterrent. That would be like me pointing out that its not proven to not be a deterrent and resting my case on that observation.
"Your honor, there's no proof my client killed anyone."
Sub: "yeah, but there's no proof he didn't NOT kill anyone, either. So he is guilty as charged, right?"
Come on, man.