I don't see a problem with hesitating to act, especially where the Joker is concerned as attacking may be exactly what he wants. It pays to let him talk a lot of times, historically that's been one of Batman's best tools when confronting the Joker.
It's two issues with the same gimmicky villain though and in that situation you're bound to see similarities, more so when part of the thrust of the plot is everything old is new again. In the story the Joker is consciously repeating himself so wacky death traps multiple times is the order of the day. And I don't see how getting caught by a gag is an insult to injury situation, it's part of what happens to Batman on a regular basis, that's the very appeal of having colorful villains and not just a bunch of gangsters.
I don't think it's hard to buy the Joker as being scary, no more so than it's hard to buy that Batman is a great detective atleast. The slasher elements are very tiring, and the monologue we had to sit through was terrible, so terrible that I wonder if Snyder has forgotten that a metaphor is supposed to be a piece of figurative language and not literal.
But the gags? That's key to a Joker story. Chattering teeth, joy buzzers, giant hammers, laughing gas,and bad puns, I want them all.