It was a privileged to have been nominated for best podcast for the third annual Geekie Awards. It was a true honor that so many people work so hard for us in our Geekie campaign. Words cannot express how thankful I am for everyone.
I am extremely proud of our Geekie Awards campaign. Our supporting blog post had over 5,000 views and was shared extensively. I credit this to the superb skills of Tessa Lange, who played Thor in our video. Tessa is a tap-dancing, kick-boxing, artist, and actress. There is no question she is a Renaissance woman who will go far in her career.
I especially want to thank Gerry O’Brien, a New York political consultant, who was our un-official campaign manager. Gerry gave us a lot of excellent advice on our campaign. I credit our strong campaign to his help.
I am in awe of the fact that friends since elementary school voted daily; friends from my seventh grade comic book club campaigned on social media for us; youth from scouts and high school mock trial loyally voted; lawyers, judges, computer forensic experts rallied to our cause; and even the wonderful family I dog-sit for voted daily for us.
It is extremely easy for people to respond with a request for an online vote with silence. Our fans, family, and friends rallied for us and I will never forget it. There are no words to convey how grateful I am from such love. While we might not have gone home with that ray gun, I feel truly blessed from everyone who stood with us.
A Show for Every Geek
The fact two lawyers discussing property rights over Thor’s Hammer and where Iron Man should sue Ant-Man truly showed that Geekie Awards is for everyone who considers themselves a geek.
I broke tradition and did not wear a bow tie to the event. I instead dressed as the 13th Doctor (I count the War Doctor as the Doctor) and my friend Megan went as Clara.
I really enjoyed seeing Ernie Hudson present Michael C. Gross the Lifetime Achievement Award. The man has had an amazing career from National Lampoon to Ghostbusters. It was also awesome to see Gross give Hudson a bag of Twinkies.
Kevin Smith was very deserving of the new Geek Pioneer Award from all of his experience from movie-making to podcasting. It was also great to see how much he loved the one-cut fight scene in Daredevil.
The nominees for best podcast visited together on both nights. The team from Hadron Gospel Hour and I were at last call for two different bars after the show, discussing history, the best James Bond car chases, and Doctor Who. It was amazing to be nominated with such great Geeks.
None of this would have been possible without the vision of Kristen Nedopak. Kristen’s contribution to geekdom highlights we are a community that likes to come together to recognize those who invent, create, and inspire. I believe the greats such as Jack Kirby, Leonard Nimoy, and Ray Harryhausen would be very proud of how Kristen has brought geeks together. We all owe you a debt for creating this opportunity for all of us.
The Two-Night Format
I loved the Geekie Awards new two-night format. The first night focused on a pre-party for the nominees. This was a fantastic opportunity for attendees to network, have red carpet interviews, and enjoy a festival atmosphere.
It was great to finally meet Emily and Peter from Wrong Button, and Josh Silverman from Constantly Calibrating.
I was thrilled to finally meet so many people in person after interacting with them on Twitter since the first Geekie Awards. Moreover, the first night allowed for honorees to meet each other and enjoy being a community. This added to the experience, because there is literally so much happening in a whirlwind that two nights allowed honorees to maximize the experience. Furthermore, the photo booth was an excellent touch.
The awards show was nicely done. The “swag” for attendees included computer sleeves celebrating the time travel theme Doctor Who,Back to the Future, and Bill and Ted’s Excellent Adventure. Other takeaways included a cool new lapel pin with The Geekie Awards logo and hacky sack.
One of the challenges of the evening were long lines for the red carpet interviews. This was minimized for those who had interviews the night before. Possible ways to improve this for both honorees and press in the future would be to have any of the following:
A Line Marshal to ensure the steady flow of live interviews, so everyone has their moment to shine;
Have additional press areas for recorded interviews, so more interviews can be held concurrently; and
Have a press area for recorded interviews to be scheduled earlier in the day, so there is no rush due to the show opening.
If the Geekie Awards evolves into a festival, this would expand the opportunities for interviews to be held over a longer period of time.
Ways to Enhance the Experience
The Geekie Awards continues to make new improvements each year. The new venue and two-night format really improved the experience from the first two years.
The first Geekie Awards had activities the attendees could interact with for photos, such as the bridge of the Enterprise-D and R2-D2, for examples. People posed for photos with the TARDIS this year. Bringing in similar exhibits would give people the opportunity to have fun and take home memories that make great photos. Having more interactive elements would likely be popular for attendees.
The Geekies has always had cosplayers interacting with the audience and posing for photos. This is a ton of fun and something that should continue.
The categories at the Geekies have continued to develop each year. I would not be surprised if the podcast category became scripted and un-scripted categories in the future, similar to how the video categories sub-divided. There are differences in producing a scripted story that is told on a regular basis and a discussion show exploring different topics. Given the fact there were 60 entries this year, this category could divide to expand the opportunity for recognition.
To the Future
It was an honor being nominated for Best Podcast. It was heartwarming to have so many people seek me out to say hello from the creators’ party to the after party. I am in awe of everyone who helped us, from old high school classmates sending supportive notes, to friends calling before the show to wish us luck. This is an experience I shall not forget.
Now it is time to focus on the future. 2015 has been amazing from San Diego Comic Con to The Geekie Awards, and we look forward to the road ahead.
The Master has always set a high bar for being evil. I personally preferred the look of Roger Delgado or Anthony Ainley, but Michelle Gomez as an evil Mary Poppins really took cruelty to a new level as the Mistress. Plus she killed Osgood. No spoonful of sugar will make that go away, short of Santa Claus being a Time Lord.
Operation Mindcrime
Missy engaged in kidnapping human minds at the point of death to be stored in a Gallifreyan hard drive, later to be downloaded to corpses that had been upgraded to Cybermen. This unholy mix of Tron and the Matrix creates some strange legal issues.
Can you kidnap someone’s mind at death? “Kidnapping” at common law was “the crime of forcibly abducting a person from his or her own country and sending the person to another.” Westlaw Black’s 9th Law Dictionary App. Effectively, the crime was false imprisonment and taking the victim to another country. Id.
Is uploading someone’s mind at the point of death kidnapping under common law? On one level “sort of.” Taking someone’s mind and uploading them to a hard drive sounds like a form of false imprisonment, just one we have never encountered. Perhaps is the Singularity Movement is successful, we could see courts or legislatures address “mind-napping.”
Missy potentially kidnapped the minds of dying human beings for as long as humans have believed in an afterlife. The number of victims could be in the billions, depending how long she was imprisoning the dead. They would mean anyone who died in the last 5,000 years could be downloaded into a Cyberman and weaponized against the living. Many would agree this is a crime, but not one fully addressed by the law.
Bring Out Your Dead
Missy’s conversion of dead bodies to Cybermen also meant she experimented on dead bodies and defiled graves. There are many laws that prohibit removing a corpse from a grave for medical or surgical study. See, State v. Glass, 27 Ohio App. 2d 214, 222-223 (Ohio Ct. App., Brown County 1971), discussing the Revised Statutes of 1880 as Section 7034. There had to be experiments done to convert corpses to Cyberman that would have violated such laws.
There are other laws specifically designed to protect human remains from being “disturbed,” which means “the excavating, removing, exposing, defacing, mutilating, destroying, molesting, or desecrating in any way of human skeletal remains, unmarked graves, grave artifacts or grave markers.” W. Va. Code § 29-1-8a(6). Converting dead bodies to Cybermen would qualify as “mutilating, destroying, molesting, or desecrating” the dead. This would be an easier case to prove, because there is actual physical evidence, with human remains across the globe.
Now, was Cyber-Brigadier justified in shooting Missy? Yes. Clear and present danger to the entire human race. Good shot, thank you for your service to mankind.
The Doctor Who episode “The Caretaker” ends with the Doctor taking the 14-year-old student Courtney Woods (who called herself “Destructive Influence”) on a trip in the TARDIS to dispose of Skovox Blitzer in deep space.
Could a school janitor take a 14-year-old off school premises in a time machine without a permission slip? The law in most countries would say no.
The state of California is a good example of the requirements for conducting a “field trip.” A school district can conduct ” excursions in connection with courses of instruction or school-related…educational…activities” within the state, outside of the state, or in a foreign country. Trips abroad can be “permitted to familiarize students with the language, history, geography, natural sciences, and other studies relative to the district’s course of study for pupils.” Cal Ed Code § 35330(a)(1).
Legally speaking, leaving planet Earth for a distant section of space would be “outside of the state.” As the Doctor took Courtney just into space, she was not in “a foreign country,” but an interstellar void.
A school district has broad immunity on field trips, because “all persons making the field trip or excursion shall be deemed to have waived all claims against the district for injury, accident, illness, or death occurring during or by reason of the field trip or excursion.” Wolfe v. Dublin Unified School Dist., 56 Cal. App. 4th 126, 128 (Cal. App. 1st Dist.1997), citing Cal Ed Code § 35330.
However, there is one giant requirement with field trips: Students need written parental consent to go on a field trip. This consent is known as a “permission slip.” Generally speaking, students who do not have a signed permission slip remain at a school in an alternative activity. Wolfe v. Dublin Unified School Dist., 56 Cal. App. 4th 126, 128 (Cal. App. 1st Dist.1997).
Some permission slips need to explain what the students are doing and know risks in order for parents to give their informed consent (such as after school sports). As such, parents are giving their express agreement to assume the risk of the activity. Such express agreements are valid if they do not violate public policy. Allan v. Snow Summit, Inc., 51 Cal. App. 4th 1358, 1372 (Cal. App. 4th Dist.1996).
Which brings us to the Doctor and Courtney. It is highly unlikely there was a permission slip signed by Courtney’s parents for her to travel into space. Just imagine what such a permission slip would look like to include known risks. While there would be high educational value in deep space exploration with an alien to dispose of an alien war machine, the risk of doing so would in no way be approved by a school district, even with Ian Chesterton as headmaster.
The Doctor Who episode “Time Heist” is a lot like Ocean’s 11 mixed with the myth of the Minotaur, with the twist of saving the Minotaur.
Did the Doctor, Clara, Psi, Saibra, actually commit bank robbery while saving the Teller from the Bank of Karabraxos? The answer is yes, but not because they saved the Teller.
In the United States, a person commits “bank robbery” if they enter a bank with the intent to commit any felony, or any larceny, or take any property from a bank belonging to another person that is at least $1,000 in value. 18 USCS § 2113(a) and (b).
The Doctor’s ultimate reason for breaking into the bank is to rescue the Teller and his mate who had been imprisoned in Director Karabraxos’ private vault. It is not the fact the Doctor saved the Teller and his mate that constituted bank robbery, but taking the items to restore Psi’s memories and medicine for Saibra’s mutation. Unless those items belonged to the elderly Ms. Karabraxos who effectively hired the Doctor to conduct the heist, those two items were under the custody and control of the bank, most likely over a $1,000 in value, and would meet the plain language of the statute.
However, if Ms. Karabraxos owned those items, then she could have properly paid the Psi and Saibra for saving the Teller from her own bank. Moreover, the Doctor and his companions could not be breaking into a bank if they had permission from the owner, even if she was in the future.
Additionally, as the Bank of Karabraxos was holding one creature in slavery, plus one other imprisoned as leverage, this was one bank that was operating outside the bounds of the law. Moreover, erasing the minds of suspected criminals and putting them on display showed the bank was operating under its own legal system. There is no way such an organization could be insured by the FDIC or be recognized as a lawful bank.
I have hit the milestone that always seemed like a far distant future: I turned 40.
While my feelings on my age are very reflective of Admiral Kirk in Wrath of Khan, I have lived in one of the best eras of geekdom EVER.
Being a geek means you appreciate the symbolism from the stories you love. Many of us love to quote films. We know the value of a moment in time. We also know that moments in time can be lost like tears in the rain, but for everyone who is a geek, we know that this, this is our time.
Let’s take a look at what I think are the best geek moments of the last 40 years:
Roll Out of Space Shuttle Enterprise (September 17, 1975)
The Space Shuttle Enterprise at the National Air & Space Museum Annex at Dulles International Airport in 2008.
The Space Shuttle Enterprise was rolled out on my first birthday. This event is a testament to how much people love Star Trek, as it was the fans that inspired NASA to name the test Shuttle Enterprise.
The 747 glide and landing tests of Enterprise paved the way for the first flight of the Columbia in 1981. I had the privilege of seeing the roll out of Columbia, because my father was in charge of the team that installed the tiles.
Roll out of Columbia.
Star Wars: A New Hope (1977)
A substantial part of my childhood was spent either watching Star Wars, or running around the backyard with my Y-Wing Fighter, or having light saber fights with my brother. Granted, I was so young when I saw the original Star Wars, I had confused memories in my early years of wondering where I saw a double sunset.
Battlestar Galactica (Debuted on my birthday in 1978)
What better birthday present for a four year old then spaceships and robots fighting?
The original Battlestar Galactica was an outright rejection of detente with the Soviet Union or pacifist leaders. Even the doomed Colonies President looked like Jimmy Carter, whose dovish policies resulted in the near destruction of humanity. Political overtones aside, Donald Bellisario created elements in Battlestar that would later be seen in Quantum Leap.
The 2004 reboot of Battlestar Galactica was not a reflection of Cold War politics, but the War on Terror. Lots of great issues and effectively ends with the opening quote of the original series: “There are those who believe that life here, began out there.”
Superman the Movie (1978)
Richard Donner and Christopher Reeve proved a comic book character could be a colossal box office hit. Without Superman the Movie, there would have been no Spider-Man, Iron Man, Avengers, or Guardians of the Galaxy. Add in a “super” movie score, and the bar was set for super-hero movies in 1978.
Star Blazers (Debuted on my birthday in 1979)
Battleships. In space. With a theme song that said, If we can win the Earth will survive.
Sold.
Star Blazers introduced a lot of “adult” concepts on a children’s TV show. Little things like genocide of the human race through nuclear war.
Captain Avatar’s dying words, as he looked at a picture of his dead son and irradiated Earth through his tears, echoed in my five year old mind for years: “The Earth. I am sorry I will not be here to see you green again. But I have seen you.” [Picture falls to the deck, Doctor comes in the stateroom and salutes his dead Captain.]
Star Wars: Empire Strikes Back (1980)
My mother took me to see Empire on opening day. We sat out on a beach blanket at the now gone Century 21 movie theaters in San Jose waiting hours in line. I can still remember the heat of that day in May 1980. She loved telling the story of how my feet stopped at the edge of the seat and for the length of the film, I did not move or blink. The audience reacting in total horror and shock of Darth Vader saying, “No, IAMYOUR FATHER,” is perhaps one of the most iconic moments in film.
Empire also taught us life does not always have a happy ending. Sometimes, you just survive to live another day.
Superman 2 (1980)
Kneel before Zod! Kneel!
Raiders of the Lost Ark (1981)
We are simply passing through history. This, this is history.
Steven Spielberg and George Lucas brought the classic adventures of the 1930s back in full force, while fighting Nazis, and finding the Ark of the Covenant. Moreover, you are hard pressed to find a living male who did not want to be Indiana Jones.
Star Trek II: The Wrath of Khan (1982)
I remember going home from seeing Wrath of Khan, looking out the car window at the night sky, trying not to cry.
The Wrath of Khan has an impressive list of life lessons, from facing a no-win scenario, the challenge of aging, redemption of parents, and sacrificing yourself to save your friends, because the needs of the many outweigh the needs of the few.
Blade Runner (1982)
Ridley Scott’s science fiction epic has many dynamic questions on being human. Roy Batty’s final words always captivated me: I’ve seen things you people wouldn’t believe. Attack ships on fire off the shoulder of Orion. I’ve watched c-beams glitter in the dark near the Tannhäuser Gate. All those … moments will be lost in time, like tears…in rain. Time to die.
The fact Roy Batty let Deckard live added a surreal complexity to the film’s villain, posing the theory that Batty had loved life more than he had before dying, which is why he did not kill the hero.
Return of the Jedi (1983)
I have very fond memories of seeing Return of the Jedi opening weekend. There was a sense of awe. People cheered when Vader threw the Emperor down the exhaust shaft.
And Vader did not yell “Nooooo” in 1983.
Star Trek III: Search for Spock (1984)
Sometimes, the needs of the one outweigh the needs of the many. Search for Spock had wonderful symbolism of loyalty between friends. The crew of the Enterprise was willing to destroy their careers in order to save two of their friends. The end result was another lesson in changing the definition of victory, when you have to destroy your own ship to save everyone.
Plus kick the bad guy off a cliff into lava.
Ghostbusters
I ain’t afraid of no ghost.
One of the most entertaining geek movies ever. One of the main villains is also the EPA and government regulations, proving not all evil spirits are undead.
Back to the Future
I remember seeing Back to the Future with my paternal grandparents in Ann Arbor, Michigan when the movie came out. A wonderful story with reckless driving, treason, collaborating with terrorists, and defense of others.
Man, this is heavy.
TimeCon 1985 & 1986
My first “geek” convention was TimeCon in 1985, celebrating Star Trek, Doctor Who, and a whole lot of science fiction. We got to meet James Doohan, Walter Koenig, George Takei, and Anthony Anthony.
Stark Trek IV: The Voyage Home
1986 was a year when Star Trek went mainstream with The Voyage Home. A great story that caught the attention of a much broader audience than traditional science fiction fans.
We also had a very short trial for our heroes. While they did have a solid necessity defense for stealing the Enterprise, sabotaging Excelsior, and destroying the Enterprise, they went with a guilty plea.
Aliens (1986)
Game over man. 17 days, we won’t last 17 hours.
Exhibit A you can have a science fiction blockbuster with a strong female lead. Bring on Captain Marvel.Agent Carter cannot get here fast enough.
Terminator 2
Come with me if you want to live.
Exhibit B that that you can have a strong female lead.
Jurassic Park (1993)
Steven Spielberg brought dinosaurs to life with both CGI and practical special effects.
A real game changer in film making.
Moreover, if you can create an extinct species, is it automatically on the endangered list?
1990s Science Fiction on Television
Star Trek the Next Generation, Deep Space Nine, Voyager, X-Files, and Babylon 5 were all shows I watched weekly. I gave shows like Earth Final Conflict, Space Above & Beyond, Tek Wars, and Lexx, a chance, but never got into them.
X-Men (2000)
The first X-Men movie brought back comic book movies as a viable box office success. After years of defeat, from Superman the Quest for Peace to Howard the Duck,X-Men was a fun adaption of our favorite mutants.
Until X-Men: Last Stand destroyed it, then X-Men: First Class saved it, and X-Men: Days of Future Past, put us back on the right track.
The Lord of the Rings Trilogy
Peter Jackson brought J.R.R. Tolkien to life. The fact Return of the King won Best Picture and Jackson took home Best Director, demonstrated “sci fi” and “fantasy” films could clean house at the Oscars.
Spider-Man (2002)
The first two Spider-Man movies again showed comic book movies could be successful. And then Spider-Man 3 torpedoed the franchise.
Firefly (2002)
What happens when you have an amazing show that is a creative adventure of a steampunk Western in Space where being a “Companion” is a respected career choice? You get cancelled after a dozen episodes (or fourteen counting the two unaired ones). Firefly suffered that initial fate, but because of its incredible fan base, developed cult status and spawned one movie.
You can’t stop the signal.
The Dark Knight Trilogy
Batman Begins, the Dark Knight, and Dark Knight Rises, again demonstrate comic book movies have depth and box office success. Sure, watching all three in a row can be highly traumatic, but an action-packed tour de force. Never mind Gotham looks like a fictional city, then Chicago, and then New York.
Marvel’s Civil War
I started re-collecting comics after many years because of Civil War. A very gripping story that walked the tight rope of making both sides look right, whether you supported the Registration Act or thought it looked like a massive civil rights violation.
The story’s ending with Captain America’s assassination and following shock waves in Fallen Son and James Barns/Winter Soldier ultimately becoming Captain America were fantastic.
I actually had to get Captain America #25 in Canada. Not one the local comic book stores had the big issue of Cap’s death and I was lucky to get the last issue in Vancouver on a business trip.
DC’s Sinestro War & Blackest Night
The Sinestro War in Green Lantern was a stunning war story that ultimately turned on the Green Lanterns shifting from law enforcement to war-making when the Guardians gave the Green Lantern Corps permission to kill members of the Sinestro Corps. The war is won, but at a cost that ultimately lead to the Blackest Night.
DC delivered again with Blackest Night, where death itself declared war on life. Heroes and villains alike are brutally killed by dead characters who rip out the hearts of the living. There were actually disturbing deaths before the battle was turned in the heroes’ favor.
There many symbolic moments of how the different Lanterns interacted, such as only the Blue Lantern representing Hope could calm the Red Lantern represent rage, or that Compassion was the rarest of all the Power Rings.
Star Trek (2009)
JJ Abrams brought Star Trek back after years of being off the air and the big screen. The return of Star Trek also showed a new era in science fiction film making, because fans who grew up watching the show and movies, are now making the movies.
The Entire Marvel Cinematic Universe
Marvel movies have set the gold standard for comic book adaptions. They range in depth from political thrillers like Captain America The Winter Soldier to a rip-roaring good times of Guardians of the Galaxy. I look forward to their future films.
The Day of the Doctor
Doctor Who for decades was watched on late night PBS in the United States. The fact the 50th Anniversary special was a global simulcast that broke world records stands as testament that being a “geek” is now mainstream. Also factor in the 3D showings in one night that had fans from five decades dressing up and cheering is just wicked cool.
That Time Being a Geek Helped Save My Life
On February 21, 1990, my bowel ruptured as a result of being undiagnosed with Crohn’s Disease for five years. What followed included nearly 70 days in two hospitals, three surgeries, and a whole lot of pain.
I spent my days in the hospital watching Star Trek and Raiders of the Lost Ark. I also read Tom Clancy’s Clear & Present Danger. My wonderful grandmother set out to find Stephen Coonts’ third book The Minotaur. I had to know what happened after Final Flight.
My very kind godmother worked some magic with her sister, a florist in Beverly Hills, who through several contacts asked Leonard Nimoy to send me a get well card. Being an outstanding human being, Nimoy delivered.
I was lucky to meet Leonard Nimoy in 2009 at a conference and thank him for sending me a get well card back in 1990.
Life is the Greatest Adventure
My first 40 years have been a great adventure.
I have seen two Space Shuttle launches, watched dolphins illuminated by bioluminescent plankton swim around a tall ship, borrowed aircraft carriers and battleships, and have traveled from Anchorage to Saint Thomas. There are many more adventures to have and I look forward to the days ahead.
It’s all fun and games until Robin Hood shoots an arrow at you, draws a sword, and demands your TARDIS. While not as dramatic as Han shooting Greedo, the Doctor had a right to defend himself. Using a spoon is a non-traditional choice, but well within the Doctor’s legal right.
Let’s break down the facts:
The Doctor steps out of the TARDIS
An arrow is shot at the TARDIS, going into the TARDIS about an inch
Robin demands the Doctor’s “Magic Blue Box”
The right to self-defense has existed in Common Law since the days of the fictional Robin Hood. The principle of the doctrine is described as follows:
“It is an elementary principle in criminal law that the person assaulted is justified in using so much force as is necessary to his defense. To repel a slight assault the person assaulted is not authorized to resort to measures of great violence. He will not be justified in doing those acts that are calculated to destroy the life of the assailant unless the assault is of such a character as to endanger his life or inflict on him great bodily injury, or to excite his fears as a reasonable man that such would be the result of the assault. The law limits him to such acts as are necessary to self-defense. The law does measure the degree of the force that may be used to repel the assault; and although it will not make the measurement with a nice hand and hold the person assaulted to accountability for force slightly disproportioned to the assault, yet it will hold him responsible for a clearly marked excess.”
People v. Shimonaka,16 Cal. App. 117, 126 (Cal. App.1911), citing People v. Campbell, 30 Cal. 312 (Cal.1866).
The elements of traditional self-defense are, “where from the nature of the attack, the assailed person believes, on reasonable grounds, that he is in imminent danger of losing his life or of receiving great bodily harm from his assailant, he is not bound to retreat, but may stand his ground, and, if necessary for his own protection, may take the life of his adversary.” People v. Zuckerman, 56 Cal. App. 2d 366, 374 (Cal. App.1942).
The original view of self-defense required the victim to “retreat to the wall.” However, jurisdictions modified the rule that if the victim is without fault and in a place they legally have a right to be, they could stand their ground and not need to retreat. Id.
If Sherwood Forrest was public land, the Doctor would have had a legal right to be there. Moreover, the Doctor had a right to not be TARDIS-jacked by the Prince of Thieves.
The Doctor technically did have his back to the TARDIS after having an arrow fired at him. Moreover, Robin Hood did draw his sword before the Doctor drew his spoon. Both of Robin’s actions would have been considered cause for imminent danger, whether it is being shot with an arrow or stabbed with a sword.
The Thirteenth Doctor physically confronting Robin Hood was very reminiscent of the Third Doctor’s use Venusian Aikido to throw someone over his shoulder. However, the Doctor’s use of a spoon against a sword does highlight how an ordinary object can be a weapon. That being said, a spoon is not as deadly as a sword or arrow. It’s not even a proportional response, even with a spoonful of sugar.
The Doctor was legally justified to defend himself with the appropriate force to stop the assault, and in the end, did not actually harm Robin Hood.
Doctor Who’s “Into the Dalek” presented wonderful legal issues from treatment of prisoners to the necessity defense. The episode also has huge shout-outs to Star Trek: The Next Generation, Star Wars, and Fantastic Voyage.
If they ever do another Sea Devils story, I would not be surprised if there is a Voyage to the Bottom of the Sea homage.
Rights of Prisoners’ of War to Medical Treatment
An injured Dalek the Doctor names “Rusty” had been damaged to the point of becoming good. Rusty requested a doctor for medical treatment after being captured by the “rebel” ship Aristotle.
After seeing the birth of a star, Rusty realized that “resistance is futile” to life. Dalek’s are driven by genocidal fascism to kill anything different from them, so making the leap to stargazing and the meaning of life is a very big leap. Especially without feet.
Prisoners of War also have the right to seek medical attention. Id.
Rusty had the right to request treatment, given the fact he is a uniformed soldier (considering he is part biologic life form fused with a mini-tank), and a prisoner of the “rebels.” As such, treating would have been required under the rules of warfare.
Alternatively, there is another theory to treat Rusty: Prisoners with a serious mental illness can be treated with antipsychotic drugs against their will if the inmate is dangerous to himself or others. Ashby v. Schneck, 1995 U.S. App. LEXIS 17154, 3-4 (8th Cir. Minn. July 17, 1995).
Dalek’s are mentally altered by their computer programing to hate and exterminate others. The fact their computer program keeps their biological minds from growing, having memories, and learning, could be a condition that makes them dangerous to others, thus justifying treatment.
The Necessity Defense
A mildly troubling scene included using a human soldier as bait to save the rest of the team who had traveled into the Dalek. The ill-fated soldier shot anchors for repelling equipment into the deck of the Dalek, promoting antibodies to attack (very much like in Fantastic Voyage, instead with lasers instead of absorbing like the Blob).
The Doctor throw an item to the soldier and said, “Swallow this.” After which the Dalek Antibodies killed the soldier. When questioned by Clara, the Doctor responded, “He was already dead. I was saving us.”
Using the soldier as bait for the antibodies would have been legally justified, while emotionally traumatic, based on the necessity defense.
A law school example of the necessity defense is you are on a runaway trolley, headed down the hill, to crash into station. Pulling out a gun to shoot a bystander to use as a break would save yourself and everyone on the trolley, but would be unjustified murder. You cannot kill an innocent to save yourself.
In the case of our soldier, there was no way for him to escape the Dalek, or the antibodies seeking his immediate destruction. The Doctor giving him a tablet that focused the antibodies solely on the soldier saved everyone else and limited the attack to the target soldier. While extremely cold, it was the right tactical decision to save everyone else and legally justified.
