Attack of the Balloons on Gotham

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October 7, 2014

Criminals are a cowardly and superstitious lot…which is why weather balloons strike terror into their hearts.

Well, not really, but Gotham again poses interesting legal questions in The Balloonman. The city is extremely corrupt, with police taking bribes and treating the Bill of Rights like it is an inconvenient obstacle to beating suspects. Throw in politicians on the take from the mob, a Cold War developing between crime bosses, plus the mayor illegally arresting children to be interned “upstate,” and it is no surprise a civil servant lost his mind. His weapon of choice to extract justice: weather balloons.

The Red Balloon

This might surprise you, but my legal research search for “weather balloon” w/p murder OR homicide OR manslaughter did not yield any search results. Apparently, no one has tried “balloonicide” in a capital case yet besides on the Prisoner.

That being said, killing the corrupt police officer would have been first degree murder in New York (assuming New York State since Gotham looks like Manhattan), because the suspect intended to cause the death of a police officer engaged in his official duties (which included beating another suspect, but that illegal act does not negate the fact the victim was a cop on the clock). NY CLS Penal § 125.27(1)(a)(i).

It’s Raining Men

What about the poor lady walking her dog that is killed after the balloon pops and the victim falls to Earth? Her death would be at least second degree murder, because the suspect intended to kill the police officer, causing his body to fall back to Earth, evidencing a “depraved indifference to human life” and recklessly engaging in conduct that caused a grave risk of death to the dog-walking victim. NY CLS Penal § 125.25(2).

There is no way the Balloonman could NOT have excepted weather balloons to fall back to Earth. Gravity is a law of physics that cannot be ignored. The fact the Balloonman was launching human beings somewhere between 60,000 to 105,000 feet into the air would mean the bodies would fall that distance in return (also the velocity of a 180 pound person in free fall from 60,000 traveling at 9.81 meters a second would likely leave a crater). This conduct showed a “depraved indifference to human life” and would be enough for a jury to convict the Balloonman for second degree murder of the woman walking her dog.

Can the Gotham Police Beat a Confession to Save 30 Kids from Being Eaten?

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Josh Gilliland

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October 1, 2014

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Oh, Gotham. Thank you for presenting such a wonderful legal issue on whether it is “OK” for the police to beat a confession from someone in order to save 30 kids from being sold overseas to be a meal. Or worse. We never really learned what the Dollmaker had planned for the children.

While the orphans, the public, politicians, and press, would not have a problem with Detective Bullock beating a prisoner with a phone book to find out where kidnapped children were being held, a Court would begrudgingly say, “Don’t Do that Again.” Any thing learned from the suspect would tainted as “fruit from the poisonous tree” and in admissible in Court. The bad guy would walk because of the beating.

Police can conduct a search without a warrant when there are “exigent circumstances,” namely imminent and ongoing danger to life. Additionally, police can question someone arrested without giving them Miranda Rights if there are “overriding considerations of public safety.” New York v. Quarles, 467 U.S. 649 (1984). This generally involves finding bombs left around town or where a loaded gun was left in a field. However, it is rare to find a modern Court giving a judicial thumbs up to police brutality.

Which brings us to Detectives Harvey Bullock and James Gordon. The police arguably did not gain the exact location of the warehouse from the suspect, because Gordon figured out what the images were to identify the company logo. Even if the beaten suspect described the logo, there is an argument the information was available from the original child victims and if Bullock also saw the truck in the gunfight. As such, the information would have been available from independent sources other than the unlawful interrogation.

There is no question Bullock and Gordon had “exigent circumstances” to search the warehouse for the missing children without a warrant. However, there really is no way around a 1983 action against Bullock and the police department for beating someone in custody.

First Legal Issues in Gotham: Can Selina Kyle Be Prosecuted as an Adult?

By

Josh Gilliland

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September 23, 2014

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The series of Gotham kicked off with a multitude of legal issues to cover the 75 years of Batman. The series is fantastic and brings the world of Gotham City to life. It is time to turn on the Bat-Signal and discuss the issues presented in the first episode.

Let’s start with Selina Kyle, the girl who will become Catwoman. As a minor, Kyle leaps from rooftops and uses a knife to cut open a grocery bag to steal milk. Immediately after taking the milk, Kyle pick pockets a man’s wallet.

If Selina Kyle were an adult, she could be convicted of grand theft in California, because she took the property from the person of another. Cal Pen Code § 487(c). If Selina was in New York, merely placing her hands in the proximity of another person’s pocket or handbag would be “jostling,” a class A misdemeanor. NY CLS Penal § 165.25. Taking the wallet would be a second crime of theft.

As Selina is not a legal adult, but engaged in crimes that would be grand theft, prosecuting her as an adult would be difficult. While the use of the knife might entice a DA to charge her as an adult, it would fail, as the knife was not used to commit murder, which is one of the exceptions for prosecuting minors in Juvenile Court. Cal Wel & Inst Code § 602. As such, Selina would likely be found “delinquent” and prosecuted in Juvenile Court.

Granted, Selina following young Bruce Wayne is not yet stalking, but probably more an interest in having seen his parents murdered. There is no ice-breaker for “I was there when your parents were gunned down. Do you need a hug?” So, we will give her the benefit of the doubt she is trying to find a way to say hello in the least awkward way possible.

James Gordon

Detective Jim Gordon is one of the few TV/comic book characters who openly cares about Due Process of law. It is very refreshing, like a cool glass of milk. In the first 5 minutes of meeting Gordon, we see him save a police officer, avoid a gunfight, and attempt to stop police officers from beating the suspect who was already under arrested and restrained. Alfred’s comment “You’re new. Good luck mate,” highlighted that Gordon is the idealist DA’s son who wanted to see a murder suspect put on trial, opposed to killed in a gunfight.

Gorden also showed no fear in chasing down facts to prove the wrong man was killed resisting arrest for the murder of Thomas and Martha Wayne. Moreover, when confronted by a crime boss about maintaining order and told to murder Oswald Cobblepot, he faked the future Penguin’s death. While that does create a huge problem with Cobblepot on the run killing people, Gorden did not himself become a murder.

Alfred Pennyworth

The Wayne’s Butler immediately took charge in caring for the young Bruce Wayne. While it would take time for Thomas and Martha Wayne’s wills to be probated, Alfred has to legally become the adopted father for Bruce Wayne. Probate and custody is not exactly thrilling TV, so it is unlikely we will see Pennyworth’s application for legal guardianship of Bruce Wayne.

To the Bat-Poles

Gotham had a strong start and I wish the series success. I do hope to see Adam West make a cameo, perhaps as a judge or grandfather in a family portrait.

Batman 1989

By

Josh Gilliland

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June 24, 2014

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June 23, 1989: The date the super-hero movie genre was reborn thanks to Tim Burton’s Batman. The movie overcame jokes of “Mr. Bat-Mom” and that Michael Keaton did not have the chops to be the Caped Crusader.

The naysayers were wrong. Keaton did a great job, just as Ben Affleck will do a great job.

I saw the movie opening day with my brother and good buddies. We arrived at the Century 10 theater in Mountain View two hours early for the first show. There was already a line of people who had spent the night to see the film that went deep into the parking lot. One attendee dressed for the occasion with horned Viking helmet.

The Century 10 (now Century 16) theater had six ticket counters at the box office. Everyone had lined up behind one window on the far left. Our group lined up at the one at the far right. We stood our ground, because the theater operated all of the windows, not just one ticket counter.

There were mild shouts of anger when the window we were standing by opened first. My brother, friends, and I were the first ones in the theater.

Lessons Learned: Do not have a line mentality. Look around and get in the one that makes sense. It’s what Batman would do.