It's not a "very lawyerly thing" nor is there any problem translating to what "everybody knows and feels." People have a pretty intuitive grasp on the idea that the recourse for Constitutional violations is almost always for the government to stop doing whatever was unconstitutional. When Brown v. Board ruled segregated schools unconstitutional, nobody was thrown in jail. When California unconstitutionally suppressed free speech through its violent video games legislation, nobody was thrown in jail. When limitations on the use of birth control were declared unconstitutional, nobody was thrown in jail. The line between constitutional action and unconstitutional action can be quite subtle in ways only lawyers can appreciate, and because of that we don't punish constitutional violations (on their own). And normal people grasp that reality, and the percentage of people who think a crime has been committed that warrants jail time for anyone is a polling margin of error.