I think you may give your own definition of the terms you find recondite. In the end, it's not a test of professional knowledge, but how you can build up your argument based upon your perspective on the issues!
Given the extremist view of the proposition, an alternative view is to probe into the continuous spectrum of penalty. How about a partial retention, versus the all-or-nothing approach? How to parameterize the escalating severity of trespassing against the proportional deprivation of civil rights? All these are leave for your pondering and scribbles.