Answer:
1) No because there's a possibility they was given false information to lead giving a false witness, they should be indeed punished like a fine or a 24 hour jail time.
2) No, although night time is especially dangerous and crimes to happen, kidnapping, murder, theft is possible, however homeless people would end up being punished for what they can not control and there would be arguement about going out in night clubs and bars by older citzens, which would lead to trouble and a bad profile.
