Agreed. And I would not fret. Any conversation I have come across regarding this feature invariably starts w/ someone stating it's illegal. As stated, the only time this comes into play is when it is used as evidence, and further, there are a MULTITUDE of states that do legally allow recording of conversations, particularly when said recording is a citizen recording a business. These are coined 'one party states' either by statue or case law. 2 party states still allow recording, but in order for recording to be admissible, the other party must acknowledge they are being recorded.
Having said that, I miss this feature dearly on my Windows Mobile Phone. Vito Audio Notes was probably my most used app; it and the core pocket media player (tcpmp). Ironically, they encompass two key functionality missing on Android i.e. adequate phone call conversation recording & codec framework to support a wider array of A/V codecs and formats. Dually strange that a 6+ year old smartphone has both, yet android still does not.