There is so much grey area and people who have been taken over by certain evil entities (whether they thought they were in control or not). My opinion is if they are remorseful they should be put to work towards good. Fighting evil, rebuilding, etc. Example being Wanda, she seems remorseful and all and wants to help and has shown effort. Point being she is trying which is better than trying to jail her and contain her (God knows how much that would cost).
Either way Emma showing remorse is something I don't see in her character, but she will fight for mutant kind. Where it goes from there, I dunno. The whole being jailed part can't end well. Whether she argues that she was in control or not. SHe can cay she was not in her right mind and be put in jail or committed. I think Marvel will gloss over it.
I know some will argue that who will be the one to observe and make sure people like her don't loose control, I do not know. Its an idea but trying to contain people with these kind of powers and intellect in a max prison or something is just tiring to the mind. Wasn't there a max person riot or breakout in an Avenger prison right before this was anyway? I understand why Marvel just lets it go. It leads to this kind of forums either way.
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