I broadly disagree that what you're suggesting would be balanced, but I'm just gonna poke out these little bits and say that the rate of captures to rescues you often see in games does not reflect a self-balancing effect at all.
And for the second one, the risk that the capturer takes is not at all similar to the risk that the hostage free-er takes. Being that the absurd amount of time that you're stunned for after losing to LTL is more than enough for any would-be captor to finish up fights or call over allies, able to arrest you at their leisure. As a result, arresting ends up being safer than freeing an arrested criminal.