Check out ze Darkfall's latest installment - short but sweet - follows...
When you die, be it to player or npc, you leave a gravestone. Anyone can go up to this gravestone and loot it - without being flagged criminal.
If you die to a goblin shaman, close to a city; then, you run back to find someone looting your gravestone. What do you do?
If you attack the person - you go rogue. If this looter runs to the city - you will be the one shot by the laser towers, and the looter will be able to attack you without fear of consequence.
What sense does that make?
You loot another player's corpse, who is not in your party / clan / alliance, or perhaps that is not friended to you (take your pick on the specifics) - you get flagged criminal - to that person, or just in general; I leave the specifics to the reader.
But, to have no consequence to the thief, yet there are consequences to the victim -- that simply makes no sense.