Jyn Erso was introduced in Rogue One trailer with a list of offenses that resulted in her being sentenced to hard labor by the Empire. How much prison time should she have served if in the United States? How much time would she have added for her escape from the Wobani Imperial Labor Camp?
Jyn’s first offense was Forgery of Imperial documents. In California, that would have been one year in prison. Pen. Code, § 473. If the document was an Imperial document akin to a passport that was then used for terrorism, the prison term would have been for 25 years. 18 U.S.C. § 1543.
Erso’s second offense was for possession of stolen property, which could have a prison term of 20 years. 18 U.S.C. app. § 2B1.1.
The offense of aggravated assault could have a term of at least 14 years. 18 U.S.C. app. § 2A2.2. Additional years can be added based upon injuries the victim had, such as another five years for “serious bodily injury.” 18 U.S.C. app. § 2A2.2(b)(B).
Jyn’s charge of resisting arrest could have included a sentence of two, three, or four years, depending on if she used a deadly weapon to resist, if the Empire had laws similar to California. CA Pen. Code, § 417.8.
Jyn’s escape from Wobani would result in a fine and/or an additional five year sentence. 18 U.S.C.S. § 751. Jyn’s prison term could have been 25 years to 69 years, if the Empire had a similar legal system, depending the amount of time sentenced, and if sentences ran concurrently or consecutively. That would be more time than Obi Wan Kenobi spent on Tatooine and Luke Skywalker on Ahch-To combined, if Jyn had the maximum sentence.
The universe was introduced to Cassian Andor in Rogue One murdering an informant named Tivik, so the Empire would not capture the informant. Tivik had in injured arm, which disabled him from climbing to safety from closing Imperial Stormtroopers. If Tivik had been captured, much of the Rebel plans would have been exposed to find Jyn Erso.
Cassian’s actions are highly problematic legally (let alone morally). First, Cassian killed Stormtroopers who asked for his identification. The Stormtroopers only asked for Cassian’s identification, which is highly difficult to justify the use of lethal force as a response. However, the Stormtroopers did not have reasonable suspicion to stop Cassian, as he was not apparently breaking any laws. Perhaps Cassian could have reasonably believed his life was in danger based on past actions of Imperial Stormtroopers, but this would still push self-defense laws well past the norm.
Tivik posed no direct threat to Cassian’s life. Killing Tivik would meet the legal definition of murder, because Cassian killed Tivik with malice aforethought, because there was an “intent-to-kill.”
Tivik had knowledge that could have been fatal to the Rebellion. If the Empire had learned of Galen Erso’s actions, or the existence of Jyn Erso, the Rebels would not have been able to develop a plan to find Jyn and ultimately the Death Star plans. Unfortunately for Cassian, the necessity defense does not cover killing people.
The street fight on Jedha witnessed Cassian shooting one of Saw Gerrera’s “extreme rebels.” Gerrera’s freedom fighter had an explosive device that objectively looked like he was going to throw the explosive at the disabled hover tank. As Jyn Erso was hiding by the tank to protect herself from the fire between Gerrera’s men and Stormtroopers, Cassian could argue he killed Gerrera’s soldier in order to protect Jyn from being killed.
Check out the countdown of our most popular posts published in 2016 from Number 10 to Number 1.
We had a great year, with three of our guest bloggers making the top ten, including one law student. The most read categories include Luke Cage, Captain America, Daredevil, Star Trek, and Star Wars.
Tony Stark entered a new world of liability in Captain America Civil War. No, not a products liability case for building another murdering robot. No, not a 1983 action for holding super-heroes in a...
The world began exploring the Final Frontier of Star Trek on September 8, 1966. To honor this anniversary, let’s explore the legal issues in The Man Trap.
Star Trek began with the age-old problem many...
Spoiler Warning: Do not read unless you have watched Daredevil season 2 episodes "Semper Fidelis" and "Guilty as Sin."
Matt Murdock and Foggy Nelson represented Frank Castle in his trial that included 37 murder and 98...
Hawkeye murdered the Hulk in Civil War 2 issue 3. Issue 4 opens with a jury verdict in Federal Court of "Not Guilty." Was justice really served on Hawkeye? Did the jury acquit Clint...
In The Force Awakens, the Millennium Falcon starts out in the hands of Unkar Plutt, who stole it from the Irving Boys, who stole it from Gannis Ducain, who stole it from Han Solo,...
I took my kids and my friend’s son to the new Ghostbusters yesterday. They all knew and loved the original Ghostbusters and were really looking forward to the new one. And not one of them...
The Empire’s prized planet-busting weapon was arguably the pinnacle of destructive technology in the Star Wars universe…at least until the First Order one-upped them with Starkiller Base.
If Darth Vader had not sliced him in...
Let me start by saying that if the United States were to try and prosecute the most patriotic super hero of all time I would, after passing the state bar exam, jump at the...
Marvel’s Luke Cage on Netflix is excellent. The series has perhaps the most Easter Eggs from other Marvel stories, including Avengers, Iron Man 2, Jessica Jones, and Daredevil. There are wonderful homages to the Power...
Captain America Civil War is an amazing super-hero movie. It is the model of how to have a large cast of characters in a film with action, humor, plot, and heart. The only thing...
2016 was a wild ride for the entire country. We take a moment to share our thoughts on all of the good of the past year, including the Mock Trial of the Winter Soldier at San Diego Comic Fest, an amazing time at San Diego Comic Con, our adventures at San Francisco Comic Con, and the best of science fiction and comics in 2016. We also share our thoughts on what did not go well and those we lost.
With all the moving pieces in Rogue One, don’t feel bad if you came away a little confused about how exactly the Rebel Alliance is composed. After all, even Jyn Erso had trouble making sense of it when she first arrived at the Rebel base. In the original trilogy films the good guys were really easy to tell apart from the bad ones—partly because of the Empire’s affinity for white, black, and various tones of grey. Rogue One muddied those waters.
Someone please tell Anakin to shove it.
In the original trilogy, the Rebellion was portrayed as a singular entity: a rag tag force that ducked, bobbed, and weaved around the galaxy. Rogue One changed that by showing us a fragile Rebel Alliance beset by divisiveness and extremist factions.
In this way Rogue One mirrors the real world, as conflicts have rarely been limited to two factions duking it out on the battlefield. The US experienced this in its own history, with irregular forces playing a role in almost every conflict from the American Revolution to operations in Afghanistan. Militias, extremists, and other irregular military forces often present complications that extend far past any single battle. Most recently, the “War on Terror” and Syrian Civil War have brought these complications into sharp focus as nations grapple with how to deal with different types of fighters.
Rogue One presents many of those same issues. While the larger Rebel Alliance struggles to throw off the Empire’s yoke, splinter elements like Saw Gerrera’s ruthless militia frustrate their efforts. The interplay between the Alliance and Saw’s forces poses an interesting question: What sort of legal status do the fighters in Rogue One have?
Darth Vader demonstrates his own method of determining one’s combatant status.
Fortunately, we don’t need K-2SO’s skills in strategic analysis to answer this one. Under the law of war, those who take direct part in fighting are considered combatants. But not all combatants are created equal under the law of war. “Privileged” (or “lawful”) combatants are those who meet certain traditional criteria established, in part, by The Hague and Geneva Conventions. Those requirements include (1) wearing a fixed distinctive sign or uniform; (2) operating under a military command; (3) carrying arms openly; and (4) abiding by the laws of war. Someone who fights but does not meet one or more of those requirements is considered an “unprivileged” (or “unlawful”) combatant. There is a big distinction between the two, as “privileged” combatants are entitled to prisoner of war (POW) status if captured and bear no criminal responsibility for acts within the bounds of the law of war.
Luckily for the Rebels, they fit the criteria for privileged combatants. First, while they may lack the polished white armor of Imperial stormtroopers (or the supremely badass Death Troopers’ black kits), the Rebels wear their own brand of uniform. We see a mix of these throughout Star Wars, from the iconic blaze orange flight suits of Red and Gold squadrons to the dapper button down and vest-wearing fleet troopers. Many Rebel pilots’ helmets are also emblazoned with the Rebellion’s iconic starbird symbol.
The latest in Rebel pilot and fleet trooper fashion.
The Rebel Special Forces (SpecForces) Soldiers who volunteered for the Scarif infiltration may not have REBELLION stitched on their backs, but they were still equipped in uniforms. Much like their brethren on Han Solo’s Endor strike team, their uniforms were meant to be utilitarian. Their shirts, vests, cargo pants, and combat boots are roughly similar to each other. The Continental Army faced similar circumstances during the American Revolution. American troops generally wore similar uniforms, but not every soldier had access to the same supplies, which sometimes resulted in ragtag-looking battle formations. As a whole, the Alliance’s uniforms are distinctive, which serves an important underlying purpose: It helps distinguish them from civilians on the battlefield.
Saw Gerrera’s militia force on Jedha provides a stark contrast. His forces forgo any type of uniform. This is best exemplified in the scene where Saw’s forces ambush an Imperial tank in the middle of Jedha City. His forces dress in clothing similar to Jedha civilians, wearing no type of uniform or distinctive insignia. Doing this surprises the Imperial troops when they hit the tank. After the ambush they again take advantage of their civilian appearance to melt back into the civilian population as Imperial reinforcements arrive.
Second, Alliance fighters operate under a military command. The Rebels in Rogue One have a clearly established chain of command, from lower enlisted troops like Corporal Bistan (everyone’s favorite space monkey door gunner on the U-Wing) all the way up to officers like crotchety General Draven and loveable Admiral Raddus. While one can certainly question the Alliance’s military decision-making (ahem, Admiral Raddus—we all saw you cowboy off to Scarif), there is no question that their forces are organized in roughly a traditional command structure. Those in authority maintain control over their forces and bear responsibility for their actions.
On the other hand, Saw’s forces are merely a loosely cobbled collection of denizens aligned around a similar goal. Saw is undoubtedly the leader of the group, but his position bears little resemblance to the type of military command contemplated by the law of war. To Saw Gerrera, this presents an advantage—the lack of rigid military command, control, and accountability gives his forces moral and tactical flexibility to more quickly achieve their objectives.
Besmirching Saw like that will get you sent straight to the bor gullet for a slimy tentacle hug.
Third, Alliance troops carry their arms openly. The requirement that privileged combatants carry arms openly helps distinguish them from civilians, just as with the uniform requirement. In Rogue One, the Rebel SpecForces on Scarif openly carried blasters as they maneuvered, fired, and displaced. The same went for the unfortunate Rebel troopers who rushed to download the Death Star plans before getting cut to ribbons by Darth Vader in quite possibly the most amazing Star Wars scene ever.
In comparison, Saw’s band of fighters only did so when it suited them. While some of his men are seen openly armed during the prisoner exchange with Bodhi, those involved in the Jedha City ambush conceal their arms until the last second. This quickly causes chaos, as the Imperials have trouble telling combatants apart from civilians in the fray. This confusion unnecessarily put civilians in harm’s way.
The Tin Man wanted a heart…poor K-2SO just wanted a shiny new Blastech blaster pistol.
Finally, although some of their actions were questionable, the Alliance abides by the law of war throughout Rogue One. For instance, they do not kill indiscriminately or target civilians. The Rebels contain their strikes to legitimate military targets, using force only when necessary. Conversely, Saw Gerrera’s forces appear to be at peace with violating the law of war if it helped achieve their objectives. The Jedha City ambush is a prime example, as many of Saw’s men disguise themselves as civilians before firing on stormtroopers. Under the Geneva Conventions Additional Protocol I, feigning protected civilian status to kill enemy combatants is considered perfidy, a treacherous act and breach of the law of war. Similarly, Saw’s use of the tentacled bor gullet creature to interrogate Bodhi Rook arguably constituted torture, which would violate tenets of international law such as the 1984 Convention Against Torture.
Ah, the face of an unprivileged combatant that only a mother could love.
Unlike Rebel Alliance soldiers, Gerrera’s band bears a striking resemblance to groups like the World War II French resistance groups Franc-Tireur and Francs-Tireurs et Partisans. These groups operated in small cells, wore no uniforms, and aimed to disrupt German occupation of France at all costs, much like Saw’s forces sought to do on Jedha. In the post-World War II Nuremberg Trials, many of the partisan fighters aligned with those groups were found to be unprivileged combatants. Saw’s forces would likely be treated the same given their composition.
In contrast, Rebel Alliance soldiers are classified as privileged combatants. This distinction is critically important to the Alliance because of the protections privileged combatants enjoy under the law. First and foremost, any captured Alliance soldiers would be entitled to POW status and granted the protections outlined in the Third Geneva Convention. Without this sort of protection captured Alliance forces would face a grim fate upon capture, including inhumane treatment, neglect, and summary execution. Although POW status would not magically prevent the Empire from committing abuses, it is nonetheless a vital right of lawful combatants.
Additionally, as lawful combatants, Alliance forces would bear no criminal responsibility for killing enemy personnel or destroying enemy property, provided the acts were done within the bounds of the law of war. Given the Alliance operations we see in Rogue One, this protection is critical. For example, Alliance pilots could not be held responsible for killing Imperial forces during their bombing run on Eadu. Similarly, had Scarif not been swatted by the Death Star, the Rebel SpecForces would be immune for their destructive efforts on the planet.
In the end, the Alliance’s concern for distinguishing itself from Saw’s band of fanatics goes far beyond the need for legal protections. Much like American forces during the Revolution, the Alliance’s struggle for legitimacy was just as important as any of their combat operations. Splinter factions like Saw Gerrera’s severely undermine the larger cause, as their extreme tactics helped the Empire’s effort in casting the Rebellion as a collection of terrorists and insurrectionists who deserve no quarter. It is therefore essential that the Alliance distance itself from those kinds of splinter groups by conducting its combat operations appropriately—even if the bad guys are led by a psychopathic Sith lord and his youngling-murdering half robot apprentice.
People around the world leave milk and cookies out for Santa Claus, in exchange for gifts based upon their annual behavior. Children have extended written invitations through the US Mail for Santa Claus to visit them on Christmas Eve. Few of these homeowners likely consider whether Old Saint Nick is an invitee, a guest, and what is their duty of care to Father Christmas. Has anyone consulted with an attorney on their liability for injuries to Santa Claus?
For the entire population of California, be aware of the following: Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. Cal. Civ. Code § 1714.
The very act of leaving out treats such milk and cookies for Santa, and carrots for the reindeer, are an open invitation for Santa Claus to enter your home. Moreover, providing milk and cookies in exchange for Christmas gifts contingent on good conduct, makes Santa Claus a “business visitor.” This legal status is for those “invited or permitted to enter or remain on land in the possession of another for a purpose directly or indirectly connected with business dealings between them.” O’Keefe v. S. End Rowing Club, 64 Cal. 2d 729, 735, (1966). This means Santa Claus is an “invitee” under the law in many states, because the purpose of Santa’s visit “involves some matter of mutual business interest or advantage,” specially leaving presents in exchange for milk and cookies. Id.
Everyone leaving out hot coco, milk, cookies, and carrots owe Santa Claus a duty to Santa Claus to exercise reasonable care in maintaining their premises in a safe condition so as not to injure Santa Claus or his reindeer. Ashley v. Jones, 126 Cal. App. 2d 328, 332 (1954), citing Butcher v. Queen City Iron & Metal Co., 99 Cal.App.2d 25. This means tripping hazards should be removed, pets secured so they will not attack Santa Claus, and that milk has not passed its expiration date, plus other simple safety standards that can be identified in a home inspection. Moreover, there should be adequate lighting on the house with Christmas lights per FAA regulations, to ensure a safe landing for Santa.
Landlords of apartment complexes should also take special notice. Landlords should take reasonable care in making safe all common areas of apartments. Lessor’s have an obligation for the safety of “all approaches and entrances, yards, and any other parts of the premises maintained for the benefit of the tenants within the purposes of the lease.” Sockett v. Gottlieb, 187 Cal. App. 2d 760, 763 (1960). Case law has held that, “A violation of that duty, in the absence of contributory negligence, subjects the landlord to liability to a tenant’s guest or invitee injured while lawfully on the premises within the scope of his invitation, and as a proximate result of such violation.” Id. For a landlord to be found liable, there must be evidence of knowledge of an unsafe or defective condition, or the failure to exercise ordinary care in correcting it, or such knowledge of a defect would have been learned if the landlord exercised ordinary care. Id.
Santa Claus will soon be entering homes to leave gifts on his annual business venture spreading Christmas Cheer. Homeowners, renters, landlords, and property management professionals, should be aware that they could be responsible for injuries to Santa Claus if they fail to use ordinary care to remove hazards for their living rooms and roofs. Remember, no one should have to call their lawyer on Christmas morning for injuries sustained by Santa Claus.
The opening scene of Rogue One is the forced conscription at gunpoint of Galen Erso by Director Orson Krennic and his Death Troopers. The work on the Death Star was stalled and Erso was needed to complete the project.
Was that legal?
The United States history with drafting citizens for military service offers a comparison for conscripting citizens for military service.
Civil War case law addressed the first draft cases in the United States. One Court described conscription as follows:
A conscript is one taken by lot from the conscription (or enrollment) list, “and compelled to serve as a soldier or sailor.” (Web. Dic. verb. “conscript.”) The power to raise an army by conscription or coercion (the words are nearly synonymous) rests alone on the idea that the power is unlimited, as to the means to be used, as well as to the numbers of which it may be composed. If there was no other power or principle in the instrument to be affected in its operation by such a view, there would be force in the idea. But the Constitution must be administered so that the whole may stand in full force, unimpaired by any particular portion.
Kneedler v. Lane, 1863 Pa. LEXIS 268, at *66 (Nov. 9, 1863).
Galen Erso’s service was needed to complete the Death Star. Erso recognized the weapon was being built to ensure peace through terror. Moreover, most people drafted were through the mail, not at gunpoint. Furthermore, U.S. citizens have been drafted when they strongly disagreed with the war they were being drafted to fight in. As the US Supreme Court said on this issue:
Other fields of legal obligation aside, it is undoubted that the nature of conscription, much less war itself, requires the personal desires and perhaps the dissenting views of those who must serve to be subordinated in some degree to the pursuit of public purposes.
Gillette v. United States, 401 U.S. 437, 459 (1971).
The US Selective Service Act allows for retired military service members to be recalled to service for up to twenty-four months:
Until July 1, 1953, and subject to the limitations imposed by section 2 of the Selective Service Act of 1948, as amended, the President shall be authorized to order into the active military or naval service of the United States for a period of not to exceed twenty-four consecutive months, with or without their consent, any or all members and units of any or all Reserve components of the Armed Forces of the United States and retired personnel of the Regular Armed Forces.
50 U.S.C.S. § 3819.
Galen Erso had left the military and was objectively opposed to building the Death Star. That was clearly evidenced by moving his family to a remote farm, complete with early warning systems and a bunker to hide his daughter. However, the concept of drafting a retired service person is not unheard of for national defense. That being said, Director Krennic’s methods are highly problematic with threatening Erso at blaster-point to kidnap his entire family.
The Death Troopers shooting Lyra Erso raises multiple other issues. Lyra arguably had a defense of others for Galen, because multiple Death Troopers had weapons pointed at Galen. However, the Death Troopers could argue they were within their rights to 1) legally draft Galen and 2) acted in self-defense after Lyra drew a weapon at them. However, this would then require an Imperial Court to recognize kidnapping families at gunpoint is not forced labor, but a legitimate way to draft service members. A galaxy far, far, away might accept that, but not this one.
Galen Erso worked on the Death Star far beyond twenty-four months. As evidenced in his holographic recording, this long tenure could be attributed to Galen’s working on the Death Star project in order to sabotage it. The Empire likely did not allow for conscripts to leave the service, but the Empire should have reconsidered their “enhanced drafting” methods.