10 Problems With The Joker Nobody Wants To Admit
3. He's Clearly Mentally Ill (And The Ethical Implications Of That)
Speaking of which, it's all fairly agreed upon that The Joker is insane, right? The guy clearly has mental issues. That's why he has never faced the death penalty, and why he always gets imprisoned in the Arkham Asylum For The Criminally Insane rather than a regular jail.
The law protects people with mental health issues from being punished in the same way as someone whose criminal intentions were more clear, and made with a more level head. It's not really fair to punish somebody who isn't of sound mind, because (arguably) they aren't really responsible for their actions.
The incarceration of The Joker certainly matches up with the way criminals with mental illnesses should be treated (to a degree), but what about the rest of the time? Is it not kind of messed up that Batman so gleefully indulges in beating the crap out of the clown, for having a personal vendetta against him, that he blames The Joker for every one of his actions? If you take The Killing Joke origin, he becomes even more tragic.
The Joker has done bad things, but it's because the guys insane. He probably deserves some sympathy. Or at least not repeatedly ending up in the hospital.