1) I think you fail to understand that breaking the rules is breaking the rules. I get your point, but you're making excuses for people breaking rules and trying to shift blame.
2) That's certainly your opinion. Judging from the number of complaints people send in about getting muted they don't consider it a warning, but a punishment, which it is. The only real warning is an actual warning, but I guess that's just my irrational side talking.