I get that, if patterns tend to lead in one direction - in this case a lot of people getting banned saying they did nothing wrong - I would lean in that direction too. In this particular case, I feel my friend has a valid argument so that makes me wonder how many other out there are in the same boat - probably not many, but maybe a few.
I say you are seeing things B&W when because of past percentages, you (at least in your post) seem to think everyone who got banned deserved it - which I see as a very narrow minded view instead of being objective about it.
If my friend didn't get banned, maybe I would see things the same as you, but he did and it made me question the whole process.
Either way, everybody is entitled to their opinion.
To answer your question since you closed the thread, No, I have not had my console banned, but my friend who lives two minutes away from me has and he does not have a modded console, and we can't figure out what part of the Terms he broke as he's only been a member of xbl of less than 2 months. People, including yourself seem to see things very black and white which is a shame. I don't support xbox piracy, but I also don't lay blame when it's not my place to judge.