The quotation refers to punitive damages in civil cases. What evidence is there that this phenomenon exists with criminal penalties? (I don't deny that it exists, but it is probably suppressed. That is, criminal penalties are more likely to reflect probability of detection than punitive damages).
For instance, there are road signs in northern Virginia warning of a $10,000 fine for littering. The severity of the fine is surely due to the difficulty in catching someone in the act.
Cass Sunstein, David Schkade, and Daniel Kahneman, in a 1999 paper named Do People Want Optimal Deterrence, write:
If we're after optimal deterrence, we should punish potentially harmful actions more if they're hard to detect, or else the expected disutility of the punishment is too small. But apparently this does not accord with people's sense of justice.
Does this mean we should change our sense of justice? And should we apply optimal deterrence theory to informal social rewards and punishments, such as by getting angrier at antisocial behaviors that we learned of by (what the wrongdoer thought was) a freak coincidence?