Not too long ago, I wrote a fun little post about how sports would be changed in the world of Marvel comics. It showed how the existence of superpowered humans and other factors prevalent in the four-color world would have a major impact on sports and athletics in general.
I thought I would continue that theme, but this time illustrating how the legal system would be affected in such a world. The forces of law & order (the concept, not the show,) face enough challenges in our world, one can only imagine the extra burdens placed upon the legal system in a universe with superheroes.
Oh, and since I focused on Marvel last time, I figured I'd use the DC universe this go around, just in the interest of equal time.
To begin with, let's look at the legalities of superheroes themselves: Part of the charm of most super heroes (at least the more street-level, 'beat up crooks' types,) is that they serve justice even when the law doesn't allow for such things. Much has been made about Batman frequently being viewed as a criminal by the police, and indeed, it is often held up as a testament to James Gordon's brilliance that he was the only cop with the wisdom to reach out to the Dark Knight for his quasi-official help. They are heroic vigilantes, and we never question their right to take the law into their own hands and protect us from evil, as long as they wear a costume.
But let's look at how they protect us. When Superman or Wonder Woman defend the White House from Darkseid's parademons or Doctor Fate and Zatanna banish an elder demon's eldritch horde, everyone cheers when the last evil minion disappears in a boom tube/puff of brimstone. But what about domestic threats? If Green Lantern foils an armed robbery by ski-masked thugs, can said thugs sue for damages from his glowing green fists?
Those are American citizens, criminals though they might be, and as such are entitled to certain inalienable (we'll discuss how that term works in a world with real aliens another time,) rights. Being the guardian of Sector 2814 gives GL no civil authority to arrest them, even if they are in the act of committing a crime. If they suffer injuries during the act, from whom can they seek redress?
There are legal precedents for private citizens working to stop crimes and apprehend criminals, but they do not account for individuals repeatedly charging into tense situations involving armed assailants. Having these civilians at the crime scene could jeopardize the legal cases against the "alleged" criminals. If the police storm in to the bank and find a half a dozen men tied up courtesy of our hero, what can they be charged with? Being in a bank during a robbery?
Likewise, if Blue Beetle (either one,) stops some thieves fleeing a jewelry store, beats them up and leaves them tied to a lamp post (Spidey style,) along with the loot, who can serve as eyewitness? A costumed vigilante isn't going to show up in court to testify, he'd have to reveal his identity, which would negate the whole point of concealing it in the first place. And even if the prosecution used such testimony, if the witness' identity could not be verified (he is wearing a mask after all,) the whole case will no doubt be tossed.
And even if they are on security cameras, can any subsequent arrest be valid? The involvement of an outsider (who does all the work, frankly,) surely disrupts the normal procedure, and could easily form the basis of a strong defense by any attorney.
Even if the legal system adapts to having criminals apprehended by masked vigilantes, what about the villains themselves? Most of them run around masked as well. If the Flash pursues an 'alleged' freeze gun wielding bank rober, who happened to be wearing a blue fur-lined parka and snow-blind goggles, and a few minutes later he delivers one Leonard Snart, alias Captain Cold, is there any real proof that Mr. Snart is in fact guilty of the crime? Is there not reasonable doubt of his identity because of the mask? (hey, lots of people have freeze guns these days...)
You see, that's the big sticking point: reasonable doubt. In a world with paranormal and supernatural powers, what couldn't be reasonable doubt? Mr. Snart has previously had violent clashes with the speedster known as the Flash (and does anybody even know if that is the same guy in that suit?) thus establishing bad blood between them, who's to say that the Flash didn't just put that uniform on Leonard using super speed just to frame him? A clever lawyer could do wonders with such a defense, there's a whole bar full of brightly costumed loonies to alibi Snart, and the Flash can't even swear in to testify in his own defense.
But that is just the tip of the iceberg (no pun intended.) The very existence of shapechangers can establish reasonable doubt. Let's say you're no super villain, you're just a small-time crook who's run afoul of the Martian Manhunter. You get busted because eyewitnesses place you at the scene of the robbery. Your lawyer concocts a tale of how you were actually at home during the time of the robbery, and this is all just a frame-up by the green menace. Remember that the burden of proof is on the prosecution, and is there any way to prove that J'onn J'onzz didn't use his shape-changing powers to impersonate you? At least one person on that jury is likely to be afraid of aliens (and does he even have a green card?) and there's your hung jury.
DNA evidence proves it was really you who did the deed? Why that could have been planted there microscopically by Ray Palmer as the Atom. Or transmogrified on an atomic level by Firestorm, or placed there magically by Zatanna.
Even if they caught you red-handed, and apprehended you in the act with no super beings anywhere in sight, what about mind control? Once again, just the fact that people with the ability to control others' actions are a legally established reality would utterly destroy the concept of reasonable doubt. And what about clones? Or alternate dimensional versions of yourself? There are at least a dozen viable versions of "it wasn't me" defenses that would work in this world.
Superheroes have this happen all the time; the public sees them commit heinous crimes, but later the hero clears his or her good name by proving they were under mental domination by a vampire, it was really their Bizarro twin, or a clone, or one of the many robot duplicates they themselves created which had gone rogue (Superman has done all of these.) The public and the law enforcement community accept this explanation, the real perpetrators are destroyed or carted off to jail and all is well. Every criminal in the DCU has a potential defense there, and not only Lex Luthor (who has used this exact defense like a dozen times,) but also lowly Carl Blaszkiewicz, local plumbing contractor arrested for excessive parking violations.
And those are just the crimes that already appear on the books. Think about how we would have to change the very criminal code to account for the new crimes that would exist. Let's say that one of those mind controlling villains mentioned above (let's say Gorilla Grodd,) is actually caught red handed (red-brained?) in the act of controlling a hero's mind and ordering him to commit crimes (let's say robbery.)
With what exactly can the sinister simian be charged? A case could perhaps be made on the charge of robbery, but how would the use of an unwilling accomplice affect the situation? And what if it didn't commit a crime, but merely used this opportunity to humiliate the hero? If Grodd forces his nemesis the Flash to strut around town nude, is there any charge that the civil authorities could bring against him? Surely one cannot be charged with 'indecent exposure by proxy?' Flash would have a shot at a suit for public defamation (if it was a really cold day,) but that would require revealing his real identity (Barry Allen) in court, which would be a terrible idea, since the DCF would be at his doorstep the next day, since Wally was under 18 when Barry made him Kid Flash and exposed him to all sorts of child endangerment.
But mind control isn't the only thing a brain can do in the DCU. What if Psimon walks calmly into a Starbucks and straight up murders the barista with a psychic blast because she put to much foam in his latte? How will the legal codes need to be altered to account for weapons that can't simply be tagged and sealed up in an evidence bag? If the Atomic Skull (I know, I know,) fries a citizen with a blast of radiation from his hands, can he be tried with a deadly weapon? I mean if I sat on your head you'd die too, but my ass is not classified as a deadly weapon (although I am aware of a number of petitions to that effect.)
And if such allowances are made, that can swing both ways. If Superman turns and smiles at a random passerby, can that be construed as a threat? Everyone knows he's packing some serious firepower behind his baby blues, and he just point both barrels at citizen. And if he puts on a pair of shades, does he need to get a concealed carry permit? Does the NRA cover lasers? Or for that matter, exploding boomerangs?
What about those who never commit crimes personally, but create those who do? If Professor T.O. Morrow creates an android with ice powers (Red Hailstorm?) and unleashes it to do his bidding, stealing money and equipment for its maker, of course he can be arrested and charged with the crimes. But what if he serves his time and reforms, spending his days building toasters but his creation continues living the thug life (it really did choose him.) Is Morrow still on the hook for every crime Red Hailstorm commits? And what if the android is granted legal status like his older brother in the Justice League? If Red Tornado turns evil (which happens like every other week; seriously, don't let robots on your team!) can the government come after Morrow for his crimes, too?
Now imagine if Wonder Woman battles Ares in downtown D.C., and in the process of the fight your home and all your possessions are destroyed. Can your insurance company refuse to pay, citing it as an 'act of god?' (that capital G becomes very important at that point.) If you sentence the time traveler Per Degaton to six months in jail, if he manages to warp forward the six months, is he allowed to just walk out, time served? And what about the legal hassles of heroes and villains dying and coming back to life? Do they need a new social security number, and do past charges against them still stick?
So if you live in the DC universe, it may be all well and good that you have the unparalelled might of the Justice League, but your Justice System is pretty much fucked.
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