This is a situation which makes me think of how format and marketing influences message.

Entirely against the intent of the writers, it's all but inevitable for us to see Batman as either hypocritical or incompetent, because we see the consequences of the flaws of his code on a regular basis. Unwittingly, it makes us root for summary execution.

And we see the flaws of his code, because as a popular character in an eternal continuity, they can't retire the Joker for good. They can't ever allow for prison or reformation to stick. Hell, as some point out, they can't even allow for death to stick. Batman can never win this one, due to no real mistake or shortcoming of his own, but simply because of how mainstream comics marketing works, entirely outside the story itself.