Do you lock your doors and windows? In what scenario does someone who has bypassed your domicile's security at night have anything other than malicious intentions?
Someone wanting to steal from you doesn't mean the death penalty. Stealing is malicious.
I dislike the term 'bleeding heart liberal', but I think it applies here. There's a difference between 'love thy fellow man' and 'worry about the health of an intruder in your home at 3am'.