[lightedman]

"The right answer to those failures should never be murder."

Many many years ago, a jury in Tennessee disagreed with your first claim, and literally took the law into their own hands in the courtroom against the government as they watched a persons rights get wholesale violated. That jury was flat-out exonerated IIRC. So there's legal precedent against your first claim and a good inherent pressure for your second claim. People would be far less likely to violate the law so egregiously if they knew that people could just kill them and walk away without a second thought of jail time.