The Jeff Loeb and Tim Sale Batman story The Long Halloween is hailed as one of the greatest Batman stories and heavily inspired Nolan’s The Dark Knight Trilogy. The Long Halloween covers Batman, Harvey Dent, and Jim Gordon’s crusade to take down Carmine “The Roman” Falcone. In the midst of combining vigilante, legal, and police justice, a mysterious serial killer appears who begins killing individuals close to Falcone on holidays. However, killing is not the only crime that goes on in The Long Halloween. The heroes and villains of the story are embroiled in schemes that result in a colorful assortment of crimes.
Halloween
Thanksgiving
After Falcone orders some hitmen to detonate an explosive in Dent’s home on Halloween, Batman, Dent, and Gordon hatch a plot to catch Falcone. The Crusading Trio capture the criminal outfit, dubbed “The Irish,” responsible for the bombing and Dent impersonates their leader Mickey “The Mink” Sullivan in hopes of obtaining some incriminating information from them when they are stuck in jail for the night. Hopefully Dent paid attention in his Criminal Procedure class because depending on how he approached the other members of “The Irish,” whatever information he obtained could have been suppressed. Under United States v. Henry, the Supreme Court held that the Sixth Amendment prohibits use of government informants to “deliberately elicit” confessions or other incriminating statements from defendants after the right to counsel has attached. 447 U.S. 264, 274 (1980). However, no formal indictment had been filed against “The Irish” yet so anything Dent heard while impersonating Mickey may still be admissible. Unfortunately for Dent, “The Irish” had their statements rehearsed and none of their statements could connect Falcone to “The Irish’s” fowl play.
Christmas
The Joker becomes infuriated with the so-called “Holiday” serial killer taking away his limelight and begins his hunt for whoever the killer is. In order to determine the killer’s identity, the Joker pays a visit to Carmine Falcone’s residence. While there, the Joker attacks Falcone with his joker playing cards. While the offensive touching of Falcone will certainly constitute assault and battery, can the Joker be convicted for assault with a deadly weapon? In People v. Lochtefeld, the California Court of Appeal cited to California Penal Code § 245 which defines a deadly weapon as “any object, instrument, or weapon which is used in such a manner as to be capable of producing, and likely to produce, death or great bodily injury.” While California’s definition of deadly weapon is quite giving, it’s unlikely a court would be so generous as to find regular playing cards a deadly weapon. Joker uses the cards to achieve a theatrical effect rather than a practical one.
New Year’s Eve
After having no luck with Falcone, the Joker makes a resolution to find the “Holiday” killer with any means possible. In turn, the Joker hijacks a plane and attempts to drop his signature laughing gas on a giant crowd of Gothamites welcoming in the New Year. Here, the Joker is violating two major U.S. codes: 49 U.S.C. § 46502 and 18 U.S.C. § 2332a. Under 49 U.S.C. § 46502, “aircraft piracy” constitutes the seizing and exercise of control of an aircraft by means of force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent. Considering the Joker sent the aircraft ground crew to a merry death, the Joker will definitely be violating this federal statute. But the Joker rarely ends at just a hijacking; 18 U.S.C. § 2332a criminalizes the use of a weapon of mass destruction against any person or property within the United States. 18 U.S.C. § 2332a(c)(2)(C) defines a weapon of mass destruction as any weapon involving a biological agent or toxin. Considering Joker’s laughing gas leaves its victims with a wide grin and no heartbeat, it is likely to fall within this definition.
Valentine’s Day
Falcone’s failed attempts to reason with Bruce Wayne lead Falcone to target Wayne’s heart rather than continue negotiating with him. Falcone hires Poison Ivy to use her powers to mind control Bruce Wayne into approving the deal between Falcone and Gotham City Bank. While there are no laws on point in regards to meta-human powers, there are laws on the use of poison on individuals. Poison Ivy’s powers are derived from her control of plants and pheromones which are essentially poisons or naturally created drugs. The application of drugs or poisons against someone is likely to be considered some form of battery or assault depending on the jurisdiction. The California legislature enacted a specific statute to address the issue. California Penal Code § 222 criminalizes the act of administering a drug or other controlled substance against another individual in order to enable themselves to commit a felony. Poison Ivy intentionally pricks Bruce Wayne with a poisoned rose thorn which introduces a chemical substance into Wayne’s bloodstream that causes him to obey Ivy’s every command. Ivy could find herself behind bars from sixteen months to three years on top of any other felony she commits while Wayne is under her influence. In addition, Ivy’s actions would probably land her on Gotham’s sex offender registry.
St. Patrick’s Day
Carla Vitti, Carmine Falcone’s sister, “forg[e]ts” to give Gotham police the gun used to kill her nephew, Alberto Carmine. After Carla’s own son is killed on Halloween with the same model gun, a .22, Carla conceals the gun from police investigation in hopes of using the gun to kill “Holiday.” Under 18 U.S.C. § 1519, the concealment of any tangible object with the intent to impede the investigation of any matter within the jurisdiction of a department or agency of the United States can be punishable by up to twenty years. Carla’s purposeful concealment and intention to use the gun against the “Holiday” killer will likely land her with up to twenty years in prison. Unfortunately for Carla, luck was not on her side as she would not survive her next encounter with the “Holiday” killer.
Mother’s Day
Jonathan Crane, AKA the Scarecrow, douses Batman with some of his signature fear gas while escaping from Arkham Asylum. While under the effects of Crane’s fear gas, Batman, now under the guise of Bruce Wayne, visits Crime Alley, the site where his parents were murdered. Simultaneously, Commissioner Gordon and Harvey Dent agree to initiate a momumental manhunt for Bruce Wayne, believing he has ties with Carmine Falcone. Gordon and his police force spot Wayne in Crime Alley and attempt to arrest him but he flees from them and retreats to his mother’s gravestone. Under California Penal Code § 148(a)(1) any person who “willfully resists, delays or obstructs” any police officer in the fulfillment of his or her duty can be fined up to one thousand dollars to imprisoned in a county jail up to one year. Because Wayne flees from the police at Crime Alley, he could be guilty of this law; however, because Wayne was under the effects of Scarecrow’s fear gas, he may have a defense. Under California law, involuntary intoxication is considered an absolute defense for crimes that require intent or a mental state. Wayne could argue that he was unable to form the intent to “willfully” resist arrest because he was involuntarily sprayed with the fear gas. However, some anti-Batman critics may say that Bruce Wayne’s nocturnal hobbies constitute a voluntary exposure to such side effects and that a reasonable vigilante should expect to be sprayed with a fear toxin here and there.
Father’s Day
On Father’s Day, Falcone realizes that he can no longer depend on ordinary thugs to carry out his plans. While hiring two members of The Rogues Gallery might get things done, Falcone could not see father than the end of his nose. By inviting two a man dressed in a scarecrow costume that uses fear gas and a man dressed as the Hatter, Falcone broke his crime family’s cardinal rule of not hiring “freaks.” Under 18 U.S.C. § 373, any person who attempts to solicit another person to engage in conduct that constitutes a felony that involves the use or threatened use of physical force against another person can be punished by either a life imprisonment or death. Here, Falcone attempts to hire Scarecrow and Mad Hatter to help him take care of Batman. Since Falcone is soliciting the two villains to dispose of Batman, Dent would probably be able to convict Falcone of solicitation. Regrettably, Falcone is likely to have every judge and their father on his payroll.
Independence Day
On Independence Day, Scarecrow and Mad Hatter lace fireworks with Scarecrow’s fear gas use it to help them break into Gotham City Bank. The two villains could be prosecuted for violating both 18 U.S.C. § 2332a and 18 U.S.C. § 2113. Like the Joker’s plot on New Year’s Eve, the use of fireworks as a vehicle to disperse poisonous fear gas across the surrounding area of Gotham City Bank will likely constitute the use of a weapon of mass destruction. 18 U.S.C. § 2113 is the federal statute that criminalizes bank robberies. By the time Batman arrives, Scarecrow and Mad Hatter are already in the process of carrying away sacks of cash after blowing their way into the bank. Under 18 U.S.C. § 2113, anyone who, by force and violence, takes money from the possession of a bank will be guilty of bank robbery. Considering the trail of bodies left behind by the villainous duo, it would be easy to prosecute them for the crime. Despite their best efforts, Batman’s timely arrival will ensure that the two spend the night of Independence Day behind the bars of Arkham Asylum without the freedom to cause mayhem throughout the city.
The Roman’s Birthday
Carmine Falcone’s wish finally comes true on his birthday. Sal Maroni turns himself to Gotham PD and agrees to testify against Falcone after Maroni’s own father is gunned down. In one of the most iconic scenes in the Batman mythos, Maroni begins to cough and complain of an ulcer while he is on the stand being questioned by Dent. Dent, impatient to get Maroni’s testimony, approaches Maroni while Maroni is caught in a coughing fit. As Dent leans in to reiterate his question to Maroni, Maroni grabs a vial of acid and splashes it across Dent’s face. Maroni’s actions could be prosecuted under a number of legal theories. While Maroni’s lawyer may argue that Maroni’s actions were just an assault with a deadly weapon, the District Attorney’s office would likely pursue attempted murder, since Dent survives the ordeal. In California, codified as 16 California Penal Code § 664, attempted murder requires that a person take a “direct but ineffectual act” toward killing another person and that the attacker have the intent to unlawfully kill that other person. Maroni takes multiple steps including the procuring of the acid and the actual act of splashing the acid on Dent’s face. Maroni’s lawyer may argue that there was no intent to kill Dent, but Maroni’s own words suggest otherwise. After Maroni throws the acid he yells: “You’re dead, Dent! That stuff’ll eat through cement!” Maroni’s outburst shows that he intended to kill Dent with the acid. Maroni could also be convicted under 8 California Penal Code § 203, a law that criminalizes “mayhem.” Mayhem is defined as the unlawful and malicious deprivation, disabling, or disfigurement of a human being’s body part. Mayhem can also include putting out an eye or slitting a nose, ear or lip. Maroni’s horribly disfiguring attack on Dent would easily qualify Maroni to be prosecuted under this statute.
Labor Day
While Maroni is being transferred from his prison cell, it is revealed that Carmine Falcone’s son, Alberto is still alive and faked his own death. Alberto then confesses to being the “Holiday” killer. While faking your own death, or pseudocide, is not a crime on its own, faking your own death usually involves a number of fraud-related crimes.
One year after the first crime is committed, the identity of the “Holiday” killer is finally revealed. With Alberto behind bars, the real “Holiday” killer is able to trick the police and ultimately evades arrest. The last panels of the story depict the “Holiday” killer burning the costume they used to commit the various holiday related murders. The “Holiday” killer’s actions allow us to revisit 18 U.S.C. § 1519. The “Holiday” killer is knowingly destroying tangible evidence in order to ensure that the police never discover their identity. This is a clear violation of 18 U.S.C. § 1519 as the “Holiday” killer is attempting to destroy evidence. Just as Falcone’s cash goes up in flames during the last Halloween, all evidence of the “Holiday” killer’s identity is reduced to a pile of ash.