I wasn't suggesting that idea I was using as a hypothetical example to discuss the argument of playing within with mechanics as opposed to playing within the setting, but I'm glad we agree that there needs to be consequences. I think the punishment needs to be harsh though, perhaps not as harsh as my example but harsh enough so that psychopathic, motiveless murders are as rare in the game as they are in real life. Yes, it's possible to just kill anyone for no reason, but the problem is that it would not happen with no reason apart from some very rare cases.
This is different to being a pirate, this is killing for no personal gain except the enjoyment of actually killing some (within the game setting). Part of the problem is that some players struggle to see the difference. I'm not saying the player who kills other players is a psychopath, but their CMDR character, inside the game, should be seen to be one. People do not generally kill for enjoyment, they kill for money, for passion, for revenge, for power; the player CMDR should, at least, have a motivation other than "it's PvP", or "the game mechanics allow us to do it" because those are the player's motivations, not the CMDRs. However, like I say, some players really seem to struggle with the difference.