Scott's actions when exactly? When it comes to judgement, Scott's actions as host of Phoenix is the equivalent (or honestly, even less bad) of, say, Wolverine in "Enemy of the States."
They have both saved the planet countless times, and the whole idea that Scott somehow needs to rot in a second grade prison for all this or get a death penalty is straight-up bullshit to me.
If Scott was delusional because he put his whole faith in Hope being able to handle the Phoenix, then the whole Avengers are kinda the same when their instant reaction was "we cant allow THEM to do anything, we need to be in control of the situation, cause, you know...humanity and stuff". Delusional control freaks, every single one of them, in that case.
Avengers vs X-Men supposed to be an event with no clear bad and good, but the moment Phoenix-Scott said "
", it turned into a self-parody, imho. Regardless, Scott does not need a moral compass, cause he always had one. Saving his comrades, and not even hinting at hurting anyone else in the process, but those that outright attack. His only sin is not going through a proxy (Avengers? Cops?) for justice.
And one more thing to add. Cap did not recognize the sovereignity and independence of Utopia. Simple as that. And it does not matter what reasons he had for ignoring that. Why? Because the moment he ignores it and screams "Attack" (knowing well that it will happen), he could just as well issue one against Latveria to get Doom. But there, suddenly international law is respected. Yep.