I think the point here is that the player doesn't want his character to break the first law, thus he chooses a taken out result that reflects that. If the player doesn't want his character to break the first Law, then his character shouldn't do so. The narrative control of how someone is taken out lies with the player, I think this is only fair given how much hassle the Lawbreaker stunt as well as other consequences of breaking a Law of Magic are.
The RAW definitely agrees with you, the problem is that common sense doesn't. More importently though, what should be the importent distinction for getting lawbreaker is not the
effect, but the
Intent, harry goes over this repeatedly in the novels. the reason that useing those types of magic taints you is not because theres some "dark side" that youve given into, its because in the moment you cast that spell you believed it was not only right, and proper that your targets, yes all of them, die but that you have the right to make that decision. Channeling magic through yourself in such a way marks you with its passing, and that is what the lawbreaker stunts are intended to represent.
The fact that the stunts as written are clunky, appear to be intended as punishing devices instead of roleplay devices and are poorly explained, just obfuscates the issue.
Doing some Shock and Awe that does a lot of damage to the bad guys in the zone and declaring the innocents get shell-shocked and just run for their lives (that's how they are taken out) is pretty cool. Not allowing this makes such a thing pretty hard to do which would be a real shame. Part of the reason the game can be really light on hard mechanics like non-lethal damage and such is because it let's people get narrative control over stuff like this.
Subtract 3 from the damage and add the aspect "
Freaking Terrifying" to it, use the rules for targeting multiple enemies within a zone but not the whole zone, then invoke for effect for the mooks to flee. Aspects are the reason the system is so light on hard mechanics it even makes a point of saying so rather early on in Your Story.
Yes this requires a much higher complexity spell. Precision is
Hard. I mean really think about it for a second what kind of effect are we talking about. you want to hit say 3 Black court vampires in the same zone as a bunch of humans, you want to kill the vampires and not kill the humans. Doesn't really matter what element your using, you would need to send three incredibly focused and intense beams of energy at the enemies to not hit the humans, if its a zone affect your going to hit everyone, and anything that will kill a black court vampire [baring there catches of course] is most definitely going to kill a human.
Harry spends several paragraphs detailing how focused and intense the beams of fire
uses in
, compared to his, are. which is a great example of someone using combat magic in the same zone as innocents. as they where protecting
at the time.