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I'd imagine many PKing defendants would plead something of an insanity defense, arguing that being trapped for a long duration in a MMO deathtrap emotionally unhinged them and prevented them from thinking clearly.
Given that such entrapment within a MMO deathtrap is unprecedented (and there's nothing you can truly equate it with), I can see this argument holding some sway on Judges, at least as long as you can get a good accredited Psychiatric professional or two to vouch for the insanity defense.
Personally, I'd be leery of prosecuting SAO PKers, as abhorrent as I find their behavior in a situation like what we have in SAO. This really is very extenuating circumstances, and so I'm inclined to cast a more forgiving eye on the gamers caught inside of SAO.
Also, I think that Akihiko Kayaba is ultimately the person who should be held responsible for any and all deaths that occurred within SAO.
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