Every time you hear of Batman catching the worst of psychopaths, it seems like the worst that happens to them is being sent to Arkham Asylim.

Does that mean that Gotham has no death penalty? If so, is it explicitly explained why in canon?

Restriction: I'm only interested in mainline canon. E.g. no Elseworld or by-design alternate dystopian Gotham versions.

marked as duplicate by Wad Cheber, phantom42, DVK-on-Ahch-To, Community Jul 7 '16 at 10:40

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    @WadCheber - unless I missed something, nothing in the answer discusses execution by the state (vs. vigilantes) – DVK-on-Ahch-To Jul 7 '16 at 2:06
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    Sorry, don't have any canon evidence to add, but.. Batman 'does not kill people'. If Gotham had a death penalty, he would presumably be 'morally conflicted' about turning criminals over to be executed. – Andrew Thompson Jul 7 '16 at 3:35
  • @DVK-in-exile - "In the classic Detective Comics #42 story "The Joker Walks the Last Mile" (1942), the villain surrenders of his own accord and is actually executed for his crimes by the court system." – Wad Cheber Jul 7 '16 at 18:49
  • @WadCheber - you should post that in the (correct) dupe Q as an asnwer – DVK-on-Ahch-To Jul 7 '16 at 18:57
  • The point is that its existence makes this a dupe of that. – Wad Cheber Jul 7 '16 at 19:00

Gotham is a municipality, so the question is actually about the death penalty in Gotham City's real or fictional state in the USA.

If there is a definite canonical real state for Gotham City we can discuss the non execution of Batman's rouge gallery in connection with the criminal laws of that state. If it is definite and canonical that Gotham is in a fictional state, someone might try to deduce whether that state has the death penalty.

Of course there is strong logic and reason to believe that all fiction and superhero comics in particular happen in alternate universes and not in our universe. Thus many comics fans might prefer to deduce the Batman laws only from evidence in the comics (such as super villains not being executed), not from real life.

Since Batman super villains get sent to Arkham Asylum they should be judged legally insane and maybe there is a law against executing legally insane persons.

  • I vaguely remember hearing that being found legally insane means your trial is delayed until such time as you're considered sane enough to be fairly tried, so I guess maybe they can't execute the Joker until he's sane enough? – user867 Jul 7 '16 at 3:51
  • @user867 - Joker may be insane, but I don't think EVERY criminal Batman ever catches is? – DVK-on-Ahch-To Jul 7 '16 at 4:49
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    @DVK-in-exile A lot of the named ones do seem to end up in the asylum, though. Maybe Gotham just has a lot of judges willing to accept insanity pleas? – user867 Jul 8 '16 at 0:46
  • Actually the sane prisonners end up in Blackgate Penitentiary. – Trajan Jan 9 '17 at 10:26

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