Now, it comes into question, when we choose to resist arrest, who is right and who is wrong? The guard(s) want to KILL us right there for the crime we do, even if we just steal a spoon.
The guards are right.
We've already been given one or two other options at this point, both of which are equally painless, in my opinion. We can do this the right way, and not be harmed at all, or we can choose not to be taken into custody. If we do it the right way, within a short period of time, we are free again.
For instance, we can murder someone, and possibly go to jail. Not for years, for
days. Or we can pay a fine. If you think about it, a fine for a single murder isn't very much, considering the seriousness of the crime.
...I mean, I get your point. I get what you're saying: it's over-the-top for a guard to kill someone for stealing a spoon. But I don't necessarily think it's "bad". The guards at this point (after you've stated the fact that you're resisting) are just doing their job.
.....The guard(s) have no intention to capture us, instead they want to kill us for denying the arrest. Unless we yield to avoid being killed, we are likely being killed by them. If we did kill the guard(s), we becomes a murderer even though it is a self defense.
That is justice huh?
Sure it is.
The implication is obvious: do not resist arrest. If you do, the law allows the guards to take you down, and it is
not considered murder in Cyrodiil for a guard to do this. They have the right to do so, and after they're done, they won't even have to take leave of their job, nor will they have to fill out endless forms (like American police do )>
Bottom line:
don't do the crime, if you can't do the time.
If you don't want to possibly get killed by a guard, don't do things that will make them come after you.
The real police will say "you have a right to remain silence, everything you say will be used to against you in the court of law", something like that. If we run away, the police will chase us to arrest, but not kill us. If we shoot them then they have a right to shoot us in their self defense.
i would think Cyrodiilic law is nowhere near as complex as Earth laws are, when it comes to stuff like this.
We humans on Earth are smarter than the NPC's of Cyrodiil, for instance. Since we are smarter, our facets of behavior are much more complex. Our laws have to reflect the fact that not every crime demands a fight to the death, and that those who
are captured are considered "innocent" (in theory) until proven guilty.
The main difference between Nirn and Earth policemen is that Cyrodiil's guards are all psychic. They somehow
know without a doubt when we've comitted a crime. Since they automatically know this, it removes the whole "innocent until proven guilty" nonsense. They already know we're guilty, and therefore they become mobile judge/juries, as well as policemen.
You got me thinking way too much when I was just about to go to bed, Niza!