So what in any of this prevents "save scumming"? Assuming you're not caught, how does that Flaming Fist squad know it's you? My GF at the time and I did a murderhobo run of BG. We killed everyone and everything we saw. At the end of that playthrough, we had to abandon it, because there were squads of Flaming Fist everywhere, and even rest ambushes were Flaming Fist. We were completely unable to progress the game. It was fun, in a way, but we didn't get very far before we had to quit, because after a while, it became unfun. The system you're laying out here is no less "exploitive" than what's in game right now, with people automatically assuming it's the PC's group that's responsible. At least in the current system, there's still a chance that you can be caught, either by a failing roll, or some random passerby taking you out of stealth. That's worlds better than being locked out of content because NPCs won't interact with you because of your reputation. I mean, even in BG, I always wondered how, with no witnesses, the Flaming Fist always knew it was us, and where we were...
I didn't say the Flaming Fist should spawn without you getting caught, but now that you mention it, they could be called to investigate crime. Logically they would arrive after a delay and possibly approach the party when it is back together, then proceed to demand to search the party's possessions. This is probably how Bioware abstracted some of the law enforcement system back in the day (though I mostly got caught red handed by magically teleporting guards).
Look, for me realism/realistic outcomes, leads to immersion, leads to fun. You want a get out of jail card for consistently heinous acts because foreseeable/realistic consequences of actions can be unfun. Are you sure roleplaying is your thing? As for being "locked out of content", I believe this game takes pride in it. Takes pride in unprecedented depth where choices really do matter. I would be very surprised if a completionist playthrough would be possible in this game. But nor did I propose locking anyone out of content, I merely advocated the implementation of a less easily exploited mechanic leading to a better roleplaying experience and better balance (pickpocketing really shouldn't be the fastest and best way to power and riches).
