When a town does what you propose, to basically enforce the Castle Law properly, you open the door to all sorts of crime victims being charged with Attempted Murder by criminals somehow convincing a jury that the victim wasn't in bodily danger. I understand not wanting those people to get away with shooting a fleeing man in the back, etc. It's really pretty disturbing. But to go the other route opens a Pandora's Box that I'd just as soon stayed shut. I think having them get shot is a greater crime deterrent than any threaten punishment by law ever could, even the death penalty. Because they can hold off that event for years, if not forever. Instant death though, wow that's something to think about first. Callused? Maybe. Not respectful of human life? I certainly am. So long as that one isn't out to take a law abiding citizen's life, limb, or property.