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First, I do know what is being discussed about the 3rd Batman movie because the detail for the movies where discussed between Christian Bale and Chris Nolan when they decided to sign him to four films ass-hole, plus the Penguin was long discuss before Dark Knight was even thought of. Cat woman was canned for the Dark Knight because they felt it wasn't right to introduce her at all. Two-Face, Joker and Scarecrow was their favorites so therefore they pick them from a very long list.
Mad Hatter, Riddler, Penguin, Cat woman, Mr. Freeze and Killer Croc where on the list.