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i remember being visited by the dark brotherhood shortly after killing some guy outside an Alyed ruin for the mages guild (i think), and it somehow counted as murder
If you kill a person (not a skeleton) who is unaware of your presence with your first shot from a bow or blow from a melee weapon there are no consequences. It's not recorded as an Assault and it isn't recorded as a Murder either. That works even if your target is sleeping.
However, if your first shot or blow does not kill the target and they aggro on you, the incident is recorded as an Assault.
That doesn't seem to make much sense because these are bandits who will try to kill you on sight if they become aware of you, but that's how the game works.
Since these so-called "Assaults" won't get you into any trouble with the Imperial Guards I don't understand what the designers were aiming for, but if for whatever reason you want to keep a squeaky-clean record, then make sure you kill your targets with your first hit.
All the Elder Scrolls games are rather bleak in their outlook. It's difficult to play the Hero without getting innocent blood all over yourself.
In Oblivion, just once I'd like to walk into a bandit hideout and be greeted with something like this: "Hold it right there. This is our place. Turn around and walk out or we'll carry your corpse out."
Or even: "Say friend, you seem very well equipped. Care to join our merry little band of thieves and cutthroats?"
Why couldn't they have programmed in some options?
You're doing your gods given duty slaying them.
If I don't get in the first shot I may die, so it's rational if not an ethical decision.
Looked at another way, these bandits are ruthless murderers and robbers and I'm doing the innocents of the countryside a great favor by protecting them from what seems like an endless supply of bad guys.