Balenore nods along with her on the issue of race vs how the law treats people still listening intently to the rest.
Actually we do exactly what you are talking about and right or not that is how most laws are, look at how Tiefling and Half Orc are often treated. The question remains once we find such a being breaking the law how do you contain it? I would really like you to think on that and answer the question.
Now fiends having free will is a question many scholars and philosophers have debated, while I believe that they do I know that nature and nurture work against them. Imagine how either of us would turn out being born into a plane without a spec of good in it.
I feel we were reasonable to assume it was not placed in it's position by the way that the guards reacted to it being knocked unconscious, the guards were mentally controlled if he had been there legally then I highly doubt they would have needed to be. It is also improbable it was not doing any harm based on how easily the guards turned a blind eye to it's lawbreaking.
Balenore retrieves another glass motioning for Baltanna to have another if she would like.
On that note I do take exception to saying he coursed a woman into physical activities.... She was begging and pleaded for help that does not sound like coercion so much as outright rape to me and the guards were turning a deaf ear. In some locations that will warrant the death penalty, that compounded with stealing those riches well banditry is often punishable by death... human, elf, or other may very well warrant death, we would have to ask the count about local laws but what he did in a way is worse. Remember too the mind control it could have made her complacent but this creature enjoyed her screams and struggles he enjoyed causing pain and the power that made him feel.
Now some other things are being assumed.... How do you know it did not attempt to control one of us? We took it out blessedly quickly it could have tried and failed or even succeeded we just stopped it before the problem became apparent.
You have also assumed that I do not know you are too old to have not been called and if you had been called and not struggled against it you would have a great love of magic not fight against it so veraciously. I do applaud your struggle though I can tell you that the number who hear the call and resist are very few and far between.
Hags are difficult to contain but not impossible you are correct though if I found you were a hag I would have wanted to kill you where you stood should I have reason to because the danger of escape is much greater.
And there in lies the crux of the way I think creatures and people who can alter their forms or teleport or any number of things have always been regarded with a certain amount of fear because after all how do you stop them? Witches face this same issue because we can do much of this with the same ease as many of these being no spell book required. Our powers are more varied do to personal choice than that which comes naturally by race, still we are feared you are proof of that, you do not hate what you do not fear. But can we safely be contained? No, which is why I move around so people do not get nervous with me and give no reason to be executed. I do not hide my magic away any one who wants to see can watch me craft my items on the street so that none can claim I was trying to secretly curse an item I gave someone.
He takes another sip.
Back to the issue then. So while yes free will matters a creature that is usually evil who has walked the path of redemption should not be attacked we still must weigh the actions of the individual and how easily they can escape to cause more havoc. Free Will matters to the victims too a creature who would rob the free will of others arguably deserves less consideration, and by all accounts and evidence that is what we were seeing in those guards. I am not saying that the enchantment school is evil, or that the occational charm person spell does not have it's uses but we are talking about long term multiple people... How much of those men's lives were stolen?
He considers for a moment.
I will tell you what I am going to let you in on a little secret I can craft items cheaper than even most wizards I could make you a set of antimagic chains items that will lock a shapeshifter into form I could even make it so that they could shift size to accommodate larger things. We would need a way to transport them without magic though and Tye probably will raise six of the seven hells if we try to use her house for such a thing. But I could have them done as early as noon tomorrow, I'm faster too.
The issue is that most cells will not be able to hold such creatures, so local authorities will kill them as soon as we get back, is taking a creature to certain death any better? We can put the blood on someone else's hands but the life is still ended. Because as you surmised, depending on the location racism runs rampant even with the more common ones... So what chance do other things have?