Was There a Duty to Treat Frankenstein’s Creature in Son of Frankenstein?

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October 20, 2019

In the film Son of Frankenstein, Igor took Dr. Wolf von Frankenstein to find a comatose Creature in the crypt where Frankenstein’s ancestors had been buried. Did Dr. Frankenstein have a duty to treat the comatose Creature?

There is a duty for hospitals to provide emergency care to those present at the hospital. 42 U.S.C.S. § 1395dd(a). If an emergency medical condition exists, the hospital must either treat the medical condition to stabilize the emergency or transfer the patient to another medical facility. 42 U.S.C.S. § 1395dd(b)(1)(A) and (B). However, in the Creature’s case, he had been in a coma for an extended period of time after being struck by lightning. The test to determine whether there is a medical emergency under “Good Samaritan” laws is “whether the undisputed facts establish the existence of an exigency of so pressing a character that some kind of action must be taken.” Bryant v. Bakshandeh 226 Cal. App. 3d 1241 (Cal. App. 2d Dist. Jan. 15, 1991). Under the facts of a Creature given life by reanimated body parts being in a coma, there arguably is not a situation requiring immediate action to be taken. Moreover, a crypt under a laboratory is not an emergency room, so it is doubtful such a legal duty would apply.

Dr. Frankenstein did not have a duty to treat the Creature, but did he create a duty? The test is whether a physician had rendered professional services that had been accepted by another for medical or surgical treatment. See, Hanrahan v. Good Samaritan Hosp. Med. Ctr., 2013 NY Slip Op 33418(U), ¶ 3 (Sup. Ct.). This is a factual issue for a jury. Quirk v. Zuckerman, 765 N.Y.S.2d 440, 442-43 (Sup. Ct. 2003) citing Wienk-Evans v North Shore Univ. Hosp. at Glen Cove, 702 N.Y.S.2d 917 [2000].

The Creature was in a coma and could not personally consent. There was no apparent power of attorney giving Igor the right to seek medical care on the Creature’s behalf. Such acceptance would have to be implied, because few individuals would want to refuse medical care in order to stay in a coma. Given the actions taken by Dr. Frankenstein, he did create a doctor-patient relationship with the Creature. This raises the issue that once the Doctor learned the Creature was a danger to others, did Dr. Frankenstein have a duty to tell Inspector Krogh of the danger? While there is an exception for psychotherapists to warn of a patient’s specific threats to law enforcement, Dr. Frankenstein is not a psychotherapist. Cal Civ Code § 43.92. Dr. Frankenstein would have a duty of confidentiality to the Creature for his medical treatment, but not to Igor. If Dr. Frankenstein suspected Igor was nefariously using the Creature to cause harm, reporting Igor’s conduct does not violate the doctor-patient privilege. Moreover, suspecting Igor was using the Creature should be reported to law enforcement.

Can the Invisible Man be Prosecuted for Indecent Exposure?

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Josh Gilliland

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October 9, 2019

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The Invisible Man does not have invisible clothes. This requires that he remove his clothes to be fully invisible, opposed to clothes filled by an empty void (done brilliantly in the 1940 The Invisible Man Returns). If the Invisible Man goes out in public, can he be prosecuted for indecent exposure?

Indecent exposure in California is when a person either willfully or lewdly “exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby.” Cal. Penal Code § 314(1).

The Invisible Man did willfully go in public places where other persons were present while naked. The issue is whether he “exposed” himself. While he technically was naked, and if someone interacting with him knew he was naked, would that meet the statute? Alternatively, does the fact the Invisible Man cannot be seen mean he cannot “expose” himself? Would “expose” be a subjective standard in simply knowing a translucent person is naked in public? Or is it a strict liability for simply being naked in public, regardless of whether the Invisible Man is visible?

Case law does add some illumination to these questions. There must be a specific intent to expose one’s genitals as a necessary element for the offense of indecent exposure. People v. Massicot, 97 Cal. App. 4th 920 (Apr. 17, 2002). Specific intent to commit indecent exposure was found in a case where the defendant broke into a home naked, but the victim was unable to see the defendant’s genitals because he was behind a dresser. People v. Rehmeyer, 19 Cal App 4th 1758 (1993). Moreover, the gravamen of indecent exposure is the exposure and not the number of observers. People v. Smith, 209 Cal. App. 4th 910 (Oct. 1, 2012).

What does this mean for the Invisible Man? He intended to expose himself in order to not be seen. One can argue being invisible was like being behind a dresser, thus blocking the view of his entire naked body. Alternatively, the fact he is invisible and naked shows there is intent to not expose himself. This paradox illustrates the law is not designed for invisible people to be prosecuted under indecent exposure, because it creates legal impossibilities that can simultaneously meet and fail to meet legal standards of a crime.

Defending the Invisible Man

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Josh Gilliland

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October 3, 2019

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The 1933 Invisible Man is the story of Dr. Jack Griffin who had been turned invisible by an experiment involving a rare drug named monocane. Unbeknownst to Dr. Griffin, monocane had a side effect of turning subjects mad. When the audience first is introduced to Dr. Griffen, he is invisible, wrapped in bandages, curt, rude, and clearly under stress. He rents a room with a sitting room for a makeshift laboratory at a tavern and inn named the Lion’s Head. Life goes downhill from there.

Griffin eventually is evicted for being a week late in rent. He slammed the door on one of the owners of the inn, followed by assaulting the other by pushing him down the stairs. At that point, Griffin goes full super villain. His rampage included:

Straggling a police inspector to death;

Taking his colleague Dr. Kemp as a hostage for assistance;

Forcing Dr. Kemp to assist in recovering Dr. Griffin’s notebooks;

Assaults a room full of people by throwing beer steins;

Threatens to kill Dr. Kemp the next night at 10:00pm;

Causes a train derailment that resulted in 100 deaths;

Kills two volunteers searching for him;

Kills Dr. Kemp; and

Trespasses in a barn

Dr. Jack Griffin did A LOT of harm. He had a death toll over 100, plus a long list of people he assaulted. Defending him would not be easy, but he does have one defense: insanity.

The insanity defense requires the defense to prove by clear and convincing evidence that Dr. Griffin was unable to appreciate the nature and quality or the wrongfulness of his actions because of a severe mental disease or defect. 18 U.S.C.S. § 17. This requires expert testimony and evidence that Dr. Griffin suffered from a mental illness and did not understand murdering people was wrong. The defense could actually be successful with testimony from Dr. Cranley (played by Henry Travers, who would later play the guardian angel Clarence Odbody in It’s a Wonderful Life). Dr. Cranley knew the dangers of monocane from published German research. Additional evidence could be offered from the German publication on the dangers of the drug and Dr. Griffin’s notes to show he had treated himself with the drug.

It is worth noting that Dr. Griffin not knowing the harmful effects of the drug should be entered into evidence. While there is no doubt risk from trying to turn oneself invisible, the fact the research he had was prior to the publication of the German research, shows he did not knowing take a drug that could drive him mad.

The Invisible Man has one of the largest body counts of any of the Universal Monsters. He also has a legitimate claim to the insanity defense. Does that excuse the deaths? No, but it would be unjust to simply call him a monster without giving him a fair trial.

False Impersonation, Larceny, and Data Breaches in The Clone Wars

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Josh Gilliland

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September 25, 2019

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You don’t need a holocron to see all of the legal issues in The Clone Wars arch Holocron Heist, Cargo of Doom, and Children of the Force. In this season two story, Cad Bane was retained by Darth Sidious to steal a Jedi Holocron from the Jedi Temple in order to access a kyber crystal with all of the personal information of children strong in the Force, and then to go kidnap children. There is a lot to unpack in these episodes.

Holocron Heist

Cad Bane retained the shape shifter Cato Parasitti to assume the identify (and shape) of Jedi Ord Enisence, who was murdered by Bane. Cad Bane and Cato Parasitti both committed trespassing in the Jedi Temple, which is entering property without the owner’s consent, which is why Parasitti’s shape shifting abilities were needed for the heist. Cal. Penal Code § 602(m). Once inside the Jedi Temple, Parasitti assumed the identify of Jocasta Nu. Parasitti assisted Bane by providing operational support from inside the Jedi Temple by accessing the Jedi computer system. The unauthorized computer access would be a computer crime under California law, because Bane and Parasitti were in a conspiracy to use the Jedi computer system both deceive through impersonating a Jedi and to wrongful control Jedi property by stealing a Holocron. Cal. Penal Code § 502(c)(1).

The law does not specifically address shapeshifters, but it does address false impersonation of another person:

Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).

Cal. Penal Code § 528.5(a).

Parasitti impersonated both Ord Enisence and Jocasta Nu using electronic means (the computers in the Jedi Library) for the purpose of defrauding the Jedi of property (the aforementioned holocron). Without impersonating a Jedi, Parasitti would not have had access to the Jedi’s computer system.

If this was simply a case of taking library property, the fine for taking the holocron would be a fine of at least $50 but not more than $1,000. Cal. Penal Code § 490.5. However, this case is not one of simply taking a library book. The holocrons were kept in a vault with limited access only to the Jedi Counsel. The value of the holocron should exceed $950, making the criminal action grand theft. Cal. Penal Code § 487(a).

Cad Bane gained entrance to the Jedi Temple using stolen codes to get past a security shield. At a minimum, this is a trespass. However, since the Jedi Temple is inhabited by the Jedi (many live there), the elements for burglary are met, because the Cad Bane entered the Temple with the intent to commit grand or petit larceny. Cal. Penal Code § 459.

Cargo of Doom

The second episode in this three-part story opens with Jedi Bolla Ropal being held onboard a Separatist warship in energy bonds. Bane ordered Droids to inflict pain upon Ropal to compel him to open the kyber crystal containing personal identifiable information of Force sensitive children. This would meet the legal definition of torture, which is when a person (Bane) caused extreme pain for the purpose of persuasion of Ropal. Cal. Penal Code § 206. Bolla Ropal died from being tortured which would be first-degree murder. Cal. Penal Code § 189.

Cad Bane ultimately gained access to the kyber crystal, which allowed him to access an untold number of Force-sensitive children. If the Republic, or planet within the Republic had a data breach law like California’s, things would get messy fast. The fact Bane was able to access encrypted personal identifiable information, means that an unauthorized person accessed the data, which would require the Jedi to inform those whose data was breached. Cal Civ Code § 1798.29.

There was just one problem: the Jedi did not have the list of the Force-sensitive children within their control. They literally had to use the Force to figure out children who were potentially at risk.

Children of the Force

Darth Sidious is really bad with Younglings. Cad Bane’s scope of work was expanded to taking Force-sensitive children from their parents. Bane posed as a Jedi and took two children from their families. This is kidnapping, which is when any person who takes another person into another country, state, or county. Cal. Penal Code § 207.

Mustafar would be high on the list of where NOT to take a child under any circumstance.

The children were kidnapped in order for Darth Sidious to conduct medical experiments upon them (foreshadowing what ultimately would be Inquisitors in Star Wars Rebels). There is no way these experiments would have been legal. In order for any medical experiments to be authorized, the parents would have needed to give their informed consent, which would have needed to include the a) nature and purpose of the experiment; b) an explanation of the medical procedures; c) a description of the risks reasonably expected from the experiment; d) explanation of the benefits of the experiment; e) explanation of alternative procedures; f) be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise; g) Be given an opportunity to ask any questions concerning the experiment or the procedures involved; h) be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice; i) Be given a copy of the signed and dated written consent form; and j) be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision. Cal. Health & Safety Code § 24172.

The parents of the Force-sensitive children had no such opportunities, because their children were KIDNAPPED! Moreover, Darth Sidious took the position that if the children died, he lost nothing.

That is not the sort of guy you want as a babysitter.

The entire story arch of Darth Sidious retaining Cad Bane to murder, steal personal identifiable information, and kidnap children for medical experimentation, shows how “dark” the Dark Side is for achieving universal domination at any cost. These are great episodes and worthy of re-watching.

Recovering from the Federal Government for Injuries Sustained from Dinosaur Attacks While Camping

By

Josh Gilliland

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September 16, 2019

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The Jurassic World short Battle at Big Rock tells the story of campers who are attacked by an allosaurus at Big Rock National Park in California. Since the attack happened in a National Park, could the family recover from the Federal Government under the Federal Tort Claims Act?

The issue on whether the family could recover depends on if the National Parks Service knew there were dinosaurs in the National Park. An argument for recovery can be made based on cases with campers attacked by bears.

In one case, a camper who was attacked by a bear at night in his sleeping bag could recover where the park ranger told the camper there was no danger of bear attacks, even though there had been a bear attack a few days before. As such, there was a danger of attack and the park ranger failed to warn the camper. Claypool v. United States, 98 F. Supp. 702 (D. Cal. 1951).

In another case, a bear injured a camper while the camper slept in his car with his window rolled down and his arm on the sill. In that case, there were not any acts of negligence by the government for a case under the Federal Tort Claims Act, because the bear that attacked was not known for violence unless provoked. Ashley v. United States, 215 F. Supp. 39 (D. Neb. 1963), aff’d, 326 F.2d 499 (8th Cir. 1964).

In a case in Yellowstone Park, a camper was given specific warnings about bear attacks, nevertheless, was attacked by a bear in his tent. The bear had placed its paw on the camper’s chest while he slept, which ended in a mauling after the camper woke up startled. The attack was in the most populated part of the campgrounds that included the fire station, gas station, store, ranger’s office, and lighted restrooms. The court found the attack was completely unforeseeable, thus there was no negligence on the park staff, because they had duty to warn of an unforeseeable attack. Rubenstein v. United States, 338 F. Supp. 654 (N.D. Cal. 1972), aff’d, 488 F.2d 1071 (9th Cir. 1973).

What does this mean for our family of campers? The issue for them is foreseeability. The campers themselves were surprised to see dinosaurs in the national park, which implied that dinosaurs were not known to be in that part of California. As such, if the National Park service did not know about the presence of dinosaurs, they had no duty to warn about an unforeseeable attack. Alternatively, if the park rangers knew about dinosaurs and did not warn the campers about the risk of encountering a dinosaur, the campers could recover under the Federal Tort Claims Act, because the rangers were negligent in not warning about dinosaurs.

Based on the end credits of the short, an aggressive dinosaur remediation plan would need to be enacted by the Federal and State Governments to protect human life.

Riding the Liability Train at Smugglers Run in Galaxy’s Edge

By

Josh Gilliland

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September 10, 2019

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Smugglers Run in Galaxy’s Edge at Disneyland is a dream come true for any fan of Star Wars. It is a wicket good time, regardless if the first time you saw the Millennium Falcon was at a drive-in theater, VHS tape, DVD, Blu Ray, or Streaming. We live in an age of wonder where entering Galaxy’s Edge is like walking into a Star Wars movie.

It is also a great lesson in to break all sorts of laws.

The ride’s story is as follows: Hondo Ohnaka (from Clone Wars and Rebels) has formed Ohnaka Transport Solutions, which is based the Black Spire on Batuu, which is operating the Millennium Falcon on loan from Chewbacca. The “job” from Ohnaka Transport Solutions is to intercept a First Order train shipment of Coaxium on Corellia. Let’s jump to lightspeed over the legal issues with such an endeavor.

Are We Space Pirates or Privateers?

Traveling through space to “appropriate” hyper-fuel from the First Order sounds a lot like piracy. The law defines piracy as, “Any illegal acts of violence, detention or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed.” 1958 U.S.T. LEXIS 31, Article 15, section 1 (The Convention of the High Seas).

The Millennium Falcon is a private aircraft that was used to shoot down First Order Tie Fighters in order to shoot at a train for the goal of capturing its cargo. That meets the textbook definition of piracy. However, such a reading of the law ignores the fact the First Order was a political movement that destroyed the Republic with Starkiller Base. That is not the basis for forming a government, to say nothing about the consent of the governed. The First Order at its core is a terrorist group that was successful in committing genocide of Hosnian Prime. They are nothing but war criminals that murder civilians by the billions.

From a certain point of view, Ohnaka Transport Solutions could be viewed as employing privateers with the Millennium Falcon. The early definition of a “privateer” is a vessel owned by one or by a society of private individuals, armed and equipped at his or their expense, for the purpose of carrying on a maritime war, by the authority of one of the belligerent parties. Bouvier, 1853, PRIVATEER, war. It is worth noting that privateers are now banned under the Hague Convention VII of 1907, the Convention Relating to the Conversion of Merchant Ships into War.

In our case, Chewbacca is a member of the Resistance, the presumptive legal owner of the Falcon (there is a chance it could belong to Leia, but certainly not Kylo Ren after killing Han Solo, because murdering a parent would cut off his inheritance). Chewbacca loaned the Falcon with the express purpose of a military operation against the First Order. The First Order’s destruction of the capital of the New Republic was the first shot in a war over freedom verse tyranny. This makes anything for the First Order’s war effort a legitimate military target. As such, the Falcon being sent on a mission to harm the war effort of the First Order would make Ohnaka Transport Solutions engaged in privateering.

There are some imperfections to the argument; given there is no longer a government for the New Republic. However, given every nation does have a right to self-defense, no one has to bow down to the First Order.

Train Wrecking

The only way to steal the Coaxium on the train carrying the fuel was to shoot the train, causing one of the cars to derail. This is the black letter law definition of “train wrecking.” California Penal Code § 218 defines the law as follows:

Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty of a felony, and shall be punished by imprisonment in the state prison for life without possibility of parole.

Flying the Falcon behind the train, shooting at train cars, and harpooning the Coaxium, is the use of explosives to blow up the train, causing a derailment. Flight crews could be charged and convicted of train wrecking, if this was an ordinary crime not committed as a war time measure against the First Order.

Smuggling

Since the name of the ride is Smugglers Run, it is illegal to smuggle goods into or out of the United States. See, 18 U.S.C.S. §§ 554 and 545. The relevant issue for the independent contractors employed by Ohnaka Transport Solutions, is the Falcon is being used to transport hyper-fuel. Ironically there is not much in trying to conceal the fuel in the heist, because it is an armed attack on a First Order train. That aside, the ride Smugglers Run does live up to the legal definition of smuggling.

Thoughts on Smugglers Run

Smugglers Run sets a new gold standard for amusement park rides. The line experience takes attendees through passageways that look like the halls of Hoth or Yavin IV. The attention to detail is mindblowing. Highly recommend visiting Galaxy’s Edge, preferably with friends and family.

Can You Have Werewolf Traps in Your Front Yard?

By

Josh Gilliland

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September 3, 2019

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What We Do in the Shadows is wicked fun if you have an offbeat sense of humor and enjoy comedy-horror shows. In “Werewolf Feud,” S1, E3, the vampire Lasslo Cravensworth placed werewolf traps in the front yard of the vampire house after he has discovered a werewolf has been urinating on the front lawn. Would these traps be legal?

This raises a sticky issue: is a werewolf an animal or human being?

Rules if Werewolves are Human

When it comes to human beings, nonlethal physical force can be used to prevent larceny or criminal mischief with respect to property other than premises. N.Y. Penal Law § 35.25. A trespass is committed when someone knowingly enters or remains unlawfully in or upon premises. N.Y. Penal Law § 140.05 A person commits criminal trespass in the third degree when they knowingly enter fenced real property. N.Y. Penal Law § 140.10.

The law does not favor traps set out for children. In cases where a property owner has set out traps to deter children for trespassing, a child trespasser could only recover damages if “a dangerous condition was maintained upon the premises with the intention of inflicting injury on anyone trespassing thereon or with what is the equivalent of intention, reckless and wanton disregard of the consequences.” Brzostowski v. Coca-Cola Bottling Co., 226 N.Y.S.2d 464, 469-70 (App. Div. 1962)

Rules if Werewolves are Animals

New York law on cruelty to animals applies to anyone who intentionally causes serious physical injury to a companion animal with justifiable purpose. N.Y. Agric. & Mkts. Law § 353-a(1). However, the law does not prohibit dispatching rabid animals or ones that are a threat to human safety or other animals. N.Y. Agric. & Mkts. Law § 353-a(2).

There Wolf Lies the Problem

Those suffering the curse of the werewolf are both human and animal potentially at the same time. If those who turn into wolves have no control or intellect, they would appear to be more of an animal. However, if they retain intellect while in their wolf form, they could be more human than animal. Given the fact combat with a werewolf was settled with a squeaky toy, someone who is a werewolf has diminished capacity at best.

If a werewolf is a “companion animal,” then Lasslo could face cruelty to animal charges for his trap in the front yard. However, given the threat that werewolves pose, they would not be classified as a companion animal. However, Lasslo is not someone who has a permit or is acting under color of law to remove werewolves with traps.

A werewolf is certainly not a child, but Lasslo’s traps clearly were intended on inflicting injury on anyone trespassing on the front lawn. Given the harm caused by the traps, a werewolf suing for injuries likely would prevail, if a judge would give both a werewolf and vampire a day in court.