I was under the impression the enemy could only get a successful finisher on you if they executed an attack that would actually kill you anyway. So it wouldn't really matter.
Based entirely on the damage you would take
if that attack hit you. I think the issue here is that it ignores entirely whether it would have
actually hit you or not. They get in melee range, swing, and you die regardless of what you do.
I see no problem here. They poses the same advantage you have when it comes to that jittery animation and disregard for any HP. I frequently got gobbled by a Dragon with 75% HP or a bandit finishing me off around 40%.
It's not an unfair death since you can do the same.
You can't just make direct comparisons like that. It's much worse on the player because you have to kill hundreds of enemies, and only one of them has to get that cheap shot in to end things for you.
If you get the cheap kill in on an enemy, there's another one just waiting around the corner anyway.