As I understand it, the reason why the Joker has never been executed is because he still keeps being judged as insane and in the United States it's illegal for us to execute someone who is determined to be mentally ill and therefore not in complete control of his/her actions.
Also, the Joker is still an American citizen so the State Department would probably have to try to defend/prevent him from going to trial in a foreign court.
All that being said, IF (and that's a big if) the Joker were ever determined to be completely SANE and committed a crime deserving of the death penalty and then had a FAIR trial, went through the appeals process, and STILL ended up with the death penalty I'd say Batman would be okay with it because the law would have done it's job fairly.



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