Yes, but the Punisher story added a layer to the story that was neither helpful nor required. Sure, on some level Cap might wish that the crooks he busted stayed out of the way permanently, but that's not what the situation is about here. This isn't a gritty, no-mercy-for-scum-like-that sort of situation, it's a couple of possibly unsuitable individuals requesting to join Cap's team. The fact that Frank THOUGHT it was a gritty, no-mercy-for-scum-like-that situation is a pretty good indicator that he wasn't cut out for the team. What the Punisher story does is say that, no, it WAS a gritty, no-mercy-for-scum-like-that situation; it ALWAYS is - which, while a good synopsis of how Frank thinks, is somewhat pointless considering the circumstances. 'Civil War' is a story about superheroes against superheroes; there's no need to drag in criminal issues.