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Two Face is usually depicted with such a clear split personality that I can't see him not going to Arkham. Nolan's version would not qualify though. Ventriliquist suffers from the same condition. Jervis Tetch (Had Mtter) and Maxie Zeus would also qualify, Tetch because he actually hears voices in his head and Zeus because his delusions truly make him think the law doesn't apply to him.
Outside of those 3 I don't think anyone qualifies. Poison Ivy would if she really couldn't talk to plants, but since she can it's not a delusion or voices in her head. Harley Quinn is another borderline case but I lean towards no.
The others may have specific issues like psychopathy, narcisism, obsessive-compulsiveness-disorder, depression, ect, but they are not legally insane.
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It depends on the era.
In the time where Arkham Asylum was introduced and Batman's villains started being committed rather than incarcerated, insanity was judged by the Durham standard, which ruled that if a crime was solely caused by a mental illness the perpetrator could be found not guilty by reason of insanity. Under this standard most of the Batman villains could make an argument, because whether or not an impulse was controllable was taken into consideration.
It was under this standard that John Hinckley Jr. was able to successfully plead insanity and be committed to an asylum. In the aftermath of that ruling the rules were tightened up considerably, and now very few Batman villains would go to an asylum.
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[QUOTE=Vordan;4316230]No way. None of them meet the legal definition of insanity except maybe Two-Face and Mad Hatter. Freeze is motivated by petty revenge, Ivy is an ecoterrorist, Joker is a school shooter on a grander scale, Bane is a criminal kingpin, etc. They [I]can[/I] choose not to kill, Joker spent a year undercover as Eric Boulder for example, they just don’t want to. Furthermore most of them know what they’re doing is wrong which would disqualify them from being criminally insane.[/QUOTE]
I would say it would be "insanity" to openly on the streets murder, recurringly, again and again and again and again, with a bizarre costume. Yes, even Blackgaters like KGBeast, due to his record of murders, marked hits or unmarked, people and even possibly other prisoners, he felt got in his way, even self-felt provoked his rage to murder them.
If / since prison cannot get the job done in rehabilitation, stopping their compulsion for being a criminal to society, then some other method of rehabilitation, such as an asylum, then an even more effective asylum, should.
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I think the only convincing insanity plea I've seen from a Gotham Rogue was Deadshot after he shot Senator Cray. The shrink who treated him knew about the trauma he suffered beforehand had been treating him for a while and objected to him being sent on the mission.
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[QUOTE=Agent Z;4315367]Most likely, no. Most would either be imprisoned and/or executed.[/QUOTE]
Along this line, I tend to thing that any "This Translates One To One Into Reality..." sort of a scenario would already have resulted in a "Shoot To Kill On Sight" order for Villains/Batman/Whoever.
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shoot to kill if villians like that really existed the ones who would be sent to the asylum are the lawyers that would defend them in court
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[IMG]https://i.imgur.com/AaXGm7G.jpg?1[/IMG]
[QUOTE=oasis1313;4314959]In real life, Batman would get locked up in Arkham ....[/QUOTE]
Yeah that was kind of an underlying point of Morrison's arc.
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[QUOTE=Elmo;4315141]No he wouldn't. they wouldn't be able to find him or catch him and if they did they couldn't hold him long enough. also that isn't relevant because [B]Batman isn't a villain[/B] so stay on topic dude[/QUOTE]
Might depend on your POV. Police (without Gordon) could definitely see him as operating outside the law.
[QUOTE=Caivu;4315385]Plus he's also not insane.[/QUOTE]
Also debatable. At least Joker recognizes he's insane.
While Bruce Wayne puts on a facade of being normal.
At night tormented by his parents murder, he dresses up as a giant bat to be a violent vigilante.
And recruits a string of under age orphans to replace him.
He might be certifiable.
