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I mean the "actual" reason is that if superheroes existed they'd be an arm of or seen as being part of law enforcement i.e. the executive. The actual judgement of crimes and dealing of punishment would be, as is now, left to the courts as you wouldn't want people murking criminals extralegally no matter how justified. The real question is why is the Joker never executed for his crimes by the courts or, presuming that the death penalty is outlawed where Gotham is, why has no one cleaned him out ala Lee Harvey Oswald while in custody?

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Irl it's technically considered cruel and unusual to execute the mentality ill. And there are lots of people we deem to ill for trial even. Back when my wife was still in school she had to do rounds in a asylum that housed murders and shit, basically none had even had a trial. If they were ever deemed mentally competent they'd then finally go to trial.

So I'm guessing in the Batman universe the Joker probably hasn't actually even been convicted of anything.

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