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Jail is kept in... well, jail... not due to guilt or innocence, but simply because they just don't know what he'd do if he was loose.
Jail may not be completely responsible for his own actions as he was nothing but a pawn of the brains, but that hardly makes him any less dangerous or fucking scary.
Plus even though the brains created him, they didn't seem to restrict his free will at all, considering how he instructed Due to kill them--not to mention his entire plan was aimed squarely at destabilizing and subjugating the Midchildan TSAB system.
Looking at things that way... Jail's actions are his own responsibility. He isn't just a puppet of the late but not lamented TSAB High Council--much of his actions were committed of his own volition.
He's insane, definitely. Goes with the whole Mad Scientist territory. But insanity doesn't automatically equal innocence, even though a lot of liberal defense attorneys seem to think it does.
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