it would end up taking main characters out of the picture if they were to go to jail. So the only alternative is for someone to get something on them to make them miserable, i.e. Sami taking custody of the kids away from EJ. (Isn’t EJ paying for his "crimes" right now being under Nicole’s thumb?)
As far as Stefano goes, I can only think that Vivian will hold the Rafe fiasco over his head in exchange for, oh, say throwing Kate out and bringing Vivie in. That’s kind of drastic, but at the moment, I’m not really sure what else they could do to "punish" Stefie. I mean, don’t you think having to live with Vivian would be cruel and extreme punishment? :o)