We don't send the criminally insane to death row here in the United States because they don't meet the burden of being legally accountable for their actions.

I'm sure you've heard of the insanity defense.

Yeah, but Joker was declared legally sane or ultra-sane. I googled it

Maybe they figure there's nowhere the Joker can get a fair, impartial trial.

Maybe the state that Gotham is in does not have the death penalty.

And if nothing else, good luck finding jurors who'd risk it! Joker would get to them all somehow.

Good Point. Maybe the Red Hood will finally take him out with the Outlaws.

I've heard of it, but with how often he escapes, how many people he's killed and enjoyed it, and with no sign of any kind of rehabilitation or 'fixing him' being possible. You'd think a jury wouldn't let that defense work anymore. Sociopaths are insane, but we still send them to deathrow. Maybe they should have the Joker tried in Texas.

There's a point between legally insane and not being held accountable for your actions, and then there's a point of how often behaviour is repeated to the point it just doesn't matter. Like I said, even with such a defense, I'm surprised no Civillians have taken justice into their own hands, let alone a guard, or psychiatrist or what not.

Granted the Joker does have a tendency to woo his therapists into liking him, one he even converted into an adamant follower. So he's a clear and present danger to both the fellow arkham inmates, the staff, and anyone that's near. At that point it becomes less 'legally insane or criminally insane' and more towards solitary with no communication at all allowed. Which really they can't completely do because of cruel and unusual punishment. At this point the death penalty is the only course of action for the man that is logically sound. In America we don't kill the legally not sound in mind convicts, but we also don't have them escaping every other day, and racking up a kill count that's in the couple of hundreds to thousands. So the entire thing you have to keep in mind is a work of fiction. That's why I say it's complicated. You can fool juries all you like with that insane defense, but there will come a point where there is no one left in Gotham to be on the Jury that'll fall for it.

And yeah, Joker has been certified to be sane. That's part of what causes an allure to his therapists and how he converts them to his cause of insanity.

Actually, it all depends on who's writing the story. The ultra-sanity idea was from Grant Morrison's Arkham Asylum, but it's only one of many possibilities regarding the Joker's mental health.

I believe the official position from DC is that he is a violent psychopath.

It did at one point. Some even suggested the Joker acts insane to avoid that very fate.

He's insane to the point it's almost contagious really. With how many therapists he's sent off howling into the night and going stark raving mad it really does seem like he's contagious.

The real problem is in the fact he's the anti-batman. Batman brings criminals to justice for the system to handle, the joker is a criminal who can manipulate the system and kills indiscriminately. Polar opposites of each other.

Are you really looking at her hair?