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I read three comics today: Batman #650, Gotham Knights #74, and Legends of the Dark Knight #200. They were all pretty good, and they all addressed -- either directly or indirectly -- the question of why Batman doesn't just kill the Joker and be done with it.
Of course, none of them were able to provide a satisfactory explanation. There really is no logical reason why Batman shouldn't do the deed (or if he really can't bring himself to kill, why he doesn't let someone else do it). The only real reason why the Joker won't die is completely out of continuity. The Joker is just too good of a character to finish off.
And he's not just a good character in a story sense (though he is that, especially if used sparingly). He's a good character in the money sense. He's probably the most recognizable comic book villain in the world. No one but Batman has such an iconic adversary. The Joker's rictus is something that everyone is familiar with on sight. And that translates into sales both in and out of the comics.
What I'm saying is that they should stop trying to rationalize it in story. It always comes off sounding hollow (as Jason makes clear in Batman #650). They just need to use the Joker to his best effect with a wink and a nod and no mention of the fact that no one has tried to off him yet. That's much better than a "Batman, why don't you kill the Joker?" story every few months.
