Scans_Daily

The big question, of course, in the US legal system, boils down to whether the judge rules them competent to stand trial, and if the jury finds them guilty, guilty but mentally ill, or not guilty due to mental disease or defect. If the judge rules them incompetent, they go to a psychiatric facility "until such time as they are capable of assisting in their own defense." If ruled guilty but mentally ill, they go to a psych facility until rehabilitated, then to prison for the remainder of their sentence. If not guilty by reason of mental disease or defect, they go to a psych facility "until they are deemed fit to re-enter society." So honestly, it's not really the doctors' decision as to who goes to Arkham--as shown in "Arkham Asylum: Living Hell" by Dan Slott, where Warren White is able to pull off a successful insanity defense to avoid prison, figuring he'll then make a miraculous recovery in Arkham and get out in short order. (You can guess how well THAT goes.)

I do note that the implication Dini made in Arkham Asylum is that the vast majority of the inmates in the Asylum at the time are actually Blackgate prisoners, temporarily incarcerated in Arkham because it's the only secure facility that they can be moved to for a while following a bad fire at Blackgate. Honestly, the only inmates I saw who had specialized facilities for them were Mr. Freeze, Ivy, Killer Croc, and Clayface; there were also cells that were clearly the regular cells of Calendar Man and Two-Face (Riddler's cell doesn't look *that* personalized, beyond what might have been done in a few days after the temporary transfer). So beyond those who were clearly criminally insane (Zsasz, Two-Face, Calendar Man, Black Mask, and Ventriloquist), there were a few specialty cases, and a relatively small number of "lunatics" still housed in the facility; several of the buildings appear to have been temporarily reopened specifically for the Blackgate prisoners...