WandaVision

[Psyren]

The implications of Wanda's awareness and moral agency regarding the Hex are largely an open question. I'd agree that by the Halloween episode she's clearly aware of and capable of manipulating the Hex and thus has a responsibility regarding it. Generally speaking I am very sympathetic regarding Wanda's situation and state of mind but don't believe that impacts her culpability. I'm sorry for the character and hope things improve for her but that doesn't change the harm she's done.

No one is denying the harm she has done (certainly I'm not.) The question on the table is what the response to that harm should be.

From a purely ethical and legal standpoint, intent and control do matter when it comes to punishing or otherwise responding to harm. This is why murder and manslaughter carry different charges and get different sentences in most jurisdictions.

And from a purely pragmatic standpoint, the simple fact is that the judicial system (certainly the one used by the MCU, which appears analogous to our own) is not equipped to properly deal with... well, any witch, much less The Scarlet Witch. All we do know is that (a) the actions performed by her powers weren't intentional and (b) they were triggered by trauma, so tossing her in prison is very, very likely to do more harm than good in the long run, and certainly won't deter her power from committing acts that she couldn't control in the first place. Executing her might be a deterrent, if that's even possible, but given that her title was mentioned in the same breath as "The Sorcerer Supreme", it's possible that not having her around would be just as bad.

In short, there are too many unknowns for death to be on the table, and nothing else is likely to be an effective deterrent or mitigant based on what we do know.

"Honestly, I didn't mean to hurt you. I couldn't control myself, I promise I have things under control now and I'll never hurt you again. I really do promise."

While abusers often use lines like this to gaslight their victims, it's actually true in Wanda's case. Do you disagree? If so, we can just end here at an impasse and go on with our lives, rather than continue to waste our mutual time.