I've tried to show mercy to many a bandit that has surrendered to me, but they always just get back and attack you again. Even if you have murdered their 10 buddies and they are the only one left, yeah sure they still stand a chance.
Yesterday I killed a dragon with the help of a patrol of Whiterun guards, immediately after absorbing it's soul and with 4 guards standing next to me in awe, a thief ran up and demanded I give him all my valuables. It went about as well for him as you'd imagine.
The day before that, a skoomer dealer tried to push some drugs on me. When I pointed out to him that this was illegal, he called me a snitch and tried to murder me. He was unarmed, unarmored, outnumbered and died in about 2 seconds.
It's like all the criminal types you encounter in the world are suicidal. I know they only exist to give you more things to kill but would it hurt if they at least pretended to value their own lives and occasionally make good judgement calls about who is and isn't appropriate to mug? Pro-tip - the dragonslayer in daedric armor carrying a flaming greatsword isn't appropriate to mug.
Pssst, the bandits are dumb...because the game was poorly made. Kill a dude...meh you might go to jail...no a big deal. Steal from someone in a house in a town, well that is theft. Sneak into a tomb where a dude is sleeping on some skins and all of a sudden all THAT PERSON'S [censored] is free for no reason. The game never says that dude sleeping is the tomb is bad...or a thief...or anything. Therefore, Bethesda's outlook seems to be - if you steal from the HOMELESS that is cool. If you kill the HOMELESS person that is cool too. If you go searching for a place where HOMELESS people hang out you should kill them, strip them naked, take their stuff, and then sell that stuff for pennies on the dollar to some fat-cat in a city -- well, that is all fair and legal. (That makes me not want to visit Bethesda Maryland anytime soon.)
Moreover, do not tell me "Well, that homeless magician attacked me first!!!!" I ain't buying it. Who told you to walk three miles into the woods and walked into someone's property? Who gave you permission to wander around their living space? How about this: tonight you slip into someone’s home or some homeless person’s lean-to under a bridge, walk around, and you see how happy they are to see you.
Bethesda has been making these games for HOW LONG? And, no once did they ever think, "Gee we could just implement a 'knock on door' mechanism so that you don't walk into people's homes....caves...dwemer ruins...unannounced? No once did they think, "Wait why is it that taking some things is theft, and other things are not?" Why cannot they make an open world game with some rough system of consequences for ALL actions? If you steal from ANYONE you need to have the power to make it stick...be that social power, be that physical power, be the political power, or be that just the power of not being seen doing it.
- I can steal form the necromancer in the woods because NOBODY likes that necromancer in the woods...but they do like me.
- I can steal from this farmer miles from another town because I'm stronger than he is and he has no easy recourse...and I'm so big and strong the Jarl and his guards don't care to fight me and they need me....they don't need that farmer.
- I can steal from the merchant because the politicians in that town hate that merchant and they will protect me.
- I can steal form anyone because I made sure nobody saw me do it, nobody suspect I did it, and there is no proof
OR the opposite
- The people love that necromancer-- he is a necomancer with a heart of gold!
- That farmer is beloved and has financial and political power in ALL teh surroudning villages!
- The merchant is BETTER politically connected!
- I am a bad thief and people saw everything I did!
And YES sometimes you will not know what to do unless you think and learn before you go off killing, stealing and being an obvious stupid fool. If you say, “Bethesda can’t make a game like that”, then you might want to consider Bethesda can’t even make a game like they are making given how BROKEN it is…maybe Bethsda is incompetent at everything. Just sayin’….