Then the law should be changed. Or do you think the distinction makes for less crime? Which view would be the greater deterrent to crime?
Fine. Elect some representatives willing to do so. All you need to do is break the hold that the Bar has over the legislatures, convince enough voters to kick out all the incumbents, throw out our current code, and rewrite it from scratch, elect a governor willing to sign it in each State and then implement it, against the inertia of tradition and years of common usage.
Piece of cake. How's next Thursday look for you?
Which view would be the greater deterrent to crime?
What kind of crime? I'm sure that summary executions by property owners would deter lots of crimes, but I'm not sure I trust the judgment (or the honesty) of all property owners. Which do you consider better for society; a certain level of undeterred burglary, or a certain level of summary manslaughter?