Do you think that being chained up in a cellar for years and being repeatedly raped and tortured before being killed is a reasonable punishment for burglary? What you just said would include that, but I don't know if you meant it. It would happen, of course. That sort of thing sometimes happens now, when it's highly illegal. Under the rules you stated, it would be legal if the victim was a burglar (or committed any other crime you think should be treated the same way). You would also be re-legalising slavery, obviously. Would you go as far as local government paying a bounty to anyone who could prove they had killed such a person? That happened the last time we had outlawry in England. You're calling for outlawry to be reinstated.