What is Iron Man and Hulk’s Liability for Creating a Murder-bot?

May 4, 2015

Ultron has no strings on him, but Tony Stark and Bruce Banner certainly are tangled up in liability for building genocidal Artificial Intelligence.

Stark and Banner had the goal of putting a suit of armor around the world. However, the end result did not go according to plan. What would be their liability?

Ultron arguably is a product based on unknown alien technology (an Infinity Stone). The purpose of Ultron was to protect humanity. One theory for victims of Ultron to sue Stark Industries, the Avengers, plus Tony Stark and Bruce Banner individually, would be on products liability.

In New York state, a manufacturer is strictly liable for injuries for a design defect where:

(1) That at the time of the occurrence the product is being used…for the purpose and in the manner normally intended;

(2) That if the person injured or damaged is himself the user of the product he would not by the exercise of reasonable care have both discovered the defect and perceived its danger; and

(3) That by the exercise of reasonable care the person injured or damaged would not otherwise have averted his injury or damages.”

Voss v. Black & Decker Mfg. Co. (1983) 59 N.Y.2d 102, 106-107.

Plaintiffs can also argue that a product is defective because of a mistake in the manufacturing process, improper design, or because of inadequate warning. Id.

Traditional products liability analysis goes out the window because Ultron is not like a saw that cut off someone’s arm, but an intelligent robot that decided to destroy humanity. Without engaging in a discussion of whether Ultron qualifies as a human being, his actions are self-directed based on independent thought. As such, no one is “using” Ultron like a product. Would that independent thought cut the strings of product liability?

One argument would be to sue Stark and Banner for improper design. They used an Infinity Stone they did not fully understand, thus could not design a safe global security product. However, a stronger argument can be made that the use of the Infinity Stone was not of just improper design, but strict liability for engaging in an ulta-hazardous activity.

Tony Stark admitted that he was a “mad scientist” and Banner should embrace it. This statement shows a strong desire to engage in inherently dangerous activity. In New York (and many other states), one who engages in inherently dangerous activities is held liable without fault for injury caused to a neighboring property with or without trespass. Continental Ins. Co. v. Great Lakes Dredge & Dock Co. (App.Div. 1994) 624 N.Y.S.2d 335, 336. The traditional example is using TNT to blow up a tree stump, which then lands on a neighboring house. Furthermore, being a government contractor engaged in public work does not provide it immunity to liability. Id.

A court could easily find that conducting experiments with alien technology that can control human minds to build weaponized Artificial Intelligence would be an ultra-hazardous activity. The fact Ultron goes on a global murder-spree to create an extinction level event only shows how inherently dangerous it was to experiment and create Ultron. As such, the issue is not one of foreseeable harm from negligent conduct, but one of strict liability for Ultron’s destruction in South Korea, Africa, and Sokovia.

Could Scarlet Witch Become a United States Citizen?

Josh Gilliland

May 4, 2015

Could the Wanda Maximoff, the Scarlet Witch, from Avengers Age of Ultron become a naturalized citizen of the United States?

The Hexing Case History

The Scarlet Witch is from the fictional Eastern European country of Sokovia. Wanda and her brother were orphaned after a missile made by Stark Enterprises killed their family. These events would have taken place long before the first Iron Man film and Stark’s putting a stop to Obadiah Stane’s supplying advanced weapons to terrorists.

Wanda and her brother Pietro Maximoff VOLUNTEERED for Baron Wolfgang von Strucker to experiment on them. Volunteering to become a super-powered weapon of HYDRA does not look good on an application for citizenship. Further lowering her success of becoming a US citizen would be admitting she volunteered for human medical experiments to get revenge on Tony Stark.

Scarlet Witch sided with Ultron out of a desire to harm Tony Stark. However, after finding out Ultron’s plan was to commit genocide on the human race, she turned on Ultron.

Assembling the Avenger’s Application

The Scarlet Witch could apply for a US Green Card based on her employment as an Avenger. Wanda would certainly qualify as an “alien of extraordinary ability” under question 1a of Form I-140.

The Application for Naturalization is Form N-400. Good Moral Character is a requirement to apply for citizenship, as stated in “Who Is Eligible for Naturalization?”. The US Code defines “good moral character” when the Attorney General finds there is not deportable conduct as “conclusive evidence of good moral character.” 8 USCS § 1427(d).

The document specifically states “terrorist acts” or “Any crime against a person with intent to harm” are examples of possible bad moral character. The Application specifically asks applicants if they have at “you at any time, anywhere, ever ordered, incited, assisted, or otherwise participated in the persecution of any person because of race, religion, national origin, or political opinion?” INS Form N-400.

The Scarlet Witch’s involvement with HYDRA could seriously compromise her ability to become a US citizen. Gaining super powers from terrorists who attempted “purification” of people based on data analytics would be a red flag for an INS Agent. Being a member of a terrorist organization has been enough to prosecute someone for fraudulently applying for citizenship. United States v. Damrah (6th Cir. 2005) 412 F.3d 618, 621.

Ultron is a similar problem. Scarlet Witch might not have known Ultron’s goal was genocide of life on Earth, but she still wanted revenge on Tony Stark. It took the realization that Ultron was trying to destroy humanity for the Twins to switch sides to help the Avengers.

Helping save the world would be a huge mitigating factor for the Scarlet Witch’s application for citizenship. However, an immigration lawyer would have their work cut out for them in representing Wanda Maximoff.

Jemma Simmons is the New Punisher

Josh Gilliland

April 29, 2015

Jemma Simmons planned to murder Grant Ward with a “splinter bomb” that would cause Ward to disintegrate as if exposed to the destructive force of a Diviner in the Agents of SHIELD episode “The Dirty Half Dozen.” This was murder at the most basic level of common law that was premeditated with malice aforethought. Agent Simmons truly transformed herself from Agent of SHIELD to the Punisher.

Make no mistake, Grant Ward has a body count that includes AT LEAST 5 SHIELD Agents 4 soldiers, 2 guards, 2 Airmen, 1 Senator (his brother), and parents (plus possible other family members). Ward has committed treason and international terrorism. There is no question that Ward has earned himself a death sentence by his long list of crimes.

The problem is Jemma Simmons is not supposed to be the judge, jury, and executioner. Agent Simmons has given herself the same moral standing as Frank Castle with her plan to kill Grant Ward that resulted in the death of Sunil Bakshi. Worse yet, it is bad when the terrorist who killed his own brother (a US Senator) gives you a lesson on morality after you kill someone.

Let’s be clear: Simmons murdered Bakshi under the doctrine of transferred intent. Simmons intended to murder Ward, but instead killed Bakshi, who attempted to save Ward. The intent to kill Ward would be “transferred” to Bakshi. This makes Simmons not just guilty of the attempted murder of Ward, but the murder of Bakshi.

Jemma Simmons turning into a murderer is directly connected to SHIELD no longer being the “Strategic Homeland Intervention Enforcement Logistics Division,” but a bunch of mercenaries since Captain America The Winter Soldier. It is true that they tried maintaining their mission to fight HYDRA (and other international terrorism), but SHIELD itself is no longer taking orders from the US Government. Law enforcement is a thing of the past. Upholding the Constitution is ignored in the name of security. Personal foreign policies are forged in violation of the Logan Act and totally ignore the War Powers Act, let alone the chain of command. These are all bad traits that result in heroic characters becoming shadows of their former selves.

How should this change? SHIELD should go back to its roots as quickly as possible after Avengers Age of Ultron. SHIELD should be about upholding the law, opposed to taking the law into one’s own hands. Save that for when the Punisher appears in a future season of Daredevil.

Batty Crimes on Gotham

Josh Gilliland

April 28, 2015

The Gotham episode “The Anvil or the Hammer,” taught us the following legal lessons in bad decision making:

The Gotham PD have not read the 4th Amendment. No one gets a search warrant for anything, like searching a suspect’s apartment;

Barbara Kean is either a) an accessory to three murders; b) insane c) both;

The Fox Club has the crimes Professor Whitebread said would NEVER be on a Bar Exam; and

Edward Nigma is a murder.

Riddle Me This: Who Needs a Search Warrant to Enter an Apartment?

Answer: The Police!

Detectives Gordon and Bullock entered the Ogre’s apartment after getting a tip from a prostitute the Ogre maimed nine years earlier. The goal was to save Barbara Kean from the suspected serial killer.

Did the police need to get a warrant? Calling the duty judge would take time in the 24-hour window since Kean’s abduction. The 4^th Amendment requires a search warrant for the police to enter someone’s home, unless there are “exigent circumstances.” The threat to Kean’s life arguably was an imminent and ongoing danger to life, so Gordon and Bullock have a strong argument for violating the 4^th Amendment.

Is Barbara Batty?

Barbara Kean telling the Ogre to kill her parents does not fall under the necessity defense. You cannot get other people killed to save yourself. That is exactly what Barbara did with her parricide (and butler-cide). There is no question she was the proximate cause of these three murders.

The Ogre was the one who did the actual killing, however, “but for” Barbara telling the Ogre to kill her parents, no murders would have taken place. Barbara’s actions take her from tortured hostage to accessory by the willful targeting of others for death.

Could Barbara argue insanity defense? That she lost her mind from fear? Maybe, but that likely will show she is not competent to stand trial and would spend her time in a state mental hospital.

What Does the Fox Say?

Way back while studying for the California Bar Exam, the great Criminal Law Professor Charles Whitebread said you would never see a bar exam question involving bestiality, buggery, or any other funky sex crime.

Gotham went there.

That will be one surreal arraignment.

The Riddler’s Odyssey

Murder does not win the heart of a girl. Edward Nigma laid in wait, confronted an off duty police officer, and stabbed him. Nigma then cut up the body with an ax, took it to the police station, melted it down, and then crushed the bones.

It does not take much of a riddle to see that is murder.

Wayne Enterprises

There is no question Wayne Enterprises is breaking a large number of Federal, state, and international laws. There is a good bet they are also violating the Foreign Corrupt Practices Act, but we do not yet know enough about their business practices to know for sure.

The Fonz Would Not Be Cool with Jiaying Sending Mr. Hyde to Milwaukee

Josh Gilliland

April 23, 2015

Jiaying ordering Calvin “Mr. Hyde” Zabo to be dropped off in Milwaukee would not have a “Happy Days” ending on Agents of SHIELD. Jiaying’s willful indifference to the damage that Cal could wreck upon anyone doing a pilgrimage to the Shotz Brewery could subject her to criminal liability. In short, a jury would find Jiaying’s statement, “those people are not my concern,” to be not “cool.”

As Jiaying will learn, liability for the reckless endangerment of others cannot be avoided as easily as Chuck Cunningham.

Taking Cal to Arnold’s

“Mr. Hyde” is a highly unstable individual with super strength as a result from experimenting on himself. Cal’s actions on Agents of SHIELD have included unlawful human experimentation; murder; committing treason by providing HYDRA a Diviner (a WMD); forming a criminal conspiracy with super-powered humans to attack a high school; and an attempted mass casualty event by broadcasting Angar the Screamer over an AM radio channel (OK, maybe not mass casualty, but a few).

Cal is also mentally unhinged. Skye/Daisy recognized the danger in simply dropping Cal off in Milwaukee like an abandoned puppy. When confronted with the fact that Cal is dangerous and would go on a rampage, Jiaying’s reply simply was “those people are not my concern.”

I Found My Liability on Blueberry Hill

Wisconsin defines Recklessly Endangering Safety as follows:

(1) FIRST-DEGREE RECKLESSLY ENDANGERING SAFETY.Whoever recklessly endangers another’s safety under circumstances which show utter disregard for human life is guilty of a Class F felony.

(2) SECOND-DEGREE RECKLESSLY ENDANGERING SAFETY.Whoever recklessly endangers another’s safety is guilty of a Class G felony.Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S].

Wis. Stat. § 941.30.

Criminal recklessness is defined when someone creates “an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk.” Wis. Stat. § 939.24.

Jiaying having Gordon teleport to Milwaukee and leave Mr. Hyde to rampage demonstrates an utter disregard for human life. Jiaying’s actions are purposeful and with the knowledge that Cal will start injuring others out of anger. A jury would find such conduct inhuman if innocent people were injured after abandoning Cal, showing there was a substantial risk for Mr. Hyde to injure others and that Jiaying knew of the risk, but decided to engage in the conduct anyway.

Now, here is a question: Was the Fonz an Inhuman? He could control the jukebox with the snap of his fingers and win the hearts of the ladies at will. If Fonzie was an Inhuman, his powers did not save him from jumping the shark.

Did Bruce Wayne Break His One Rule by Being an Accessory After the Fact to Murder?

Josh Gilliland

April 21, 2015

Bruce Wayne on Gotham is neither the Caped Crusader nor the Boy Wonder. However, he might be an accessory after the fact to Selina Kyle’s murder of Reggie Payne. Did Batman break his one rule for the first girl who kissed him?

Maybe…

First things first: Selina Kyle pushed Reggie Payne out of a five-story window that resulted in his death. This meets the statutory definition of murder, because Selina Kyle both knowingly and purposely caused Payne’s death. N.J. Stat. § 2C:11-3(a)(1) and (2).

Bruce was with Selina Kyle at the time of Payne’s fall in order to get information on the Wayne Enterprise’s conspiracy. Bruce himself considered pushing Payne out of the window, but stopped. This shows Bruce did not have the intent to kill Reggie Payne.

Selina told Bruce not to tell anyone about her murdering Payne. Does Bruce Wayne’s covering up of Selina’s murder of Payne make him an accessory after the fact?

Under New Jersey law, assuming Gotham City is in New Jersey, a person is legally accountable for the conduct of another person when:

(1) Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct;

(2) He is made accountable for the conduct of such other person by the code or by the law defining the offense;

(3) He is an accomplice of such other person in the commission of an offense; or

(4) He is engaged in a conspiracy with such other person.

N.J. Stat. § 2C:2-6(b).

New Jersey case law explains that an accessory needs only to have notice that the other person committed a “high misdemeanor” and knowing that assisting that person would justify a conviction. See, State v. Lynch, 79 N.J. 327, 399 A.2d 629, 1979 N.J. LEXIS 1199 (1979).

As another case explained, New Jersey requires that an accomplice act with the same purposeful state of mind in furtherance of a crime for liability. State v. Whitaker (2009) 200 N.J. 444, 457-458; N.J.S.A. 2C:2-6(c)(1). Moreover, “mere knowledge, without more,” does not make one an accomplice. Id. As such, an “accomplice is only guilty of the same crime committed by the principal if he shares the same criminal state of mind as the principal.” Whitaker, at *458-459. However, the accessory can be guilty of lessor crime. Id.

What does this mean for Bruce Wayne? Bruce did not have the intent to kill Reggie Payne, thus Bruce did not have the same murderous intent as Selina. Moreover, Bruce actually decided not to push Reggie out of the window. As such, Bruce did not have any criminal intent, where Selina certainly had criminal intent to commit murder. As such, it is unlikely Bruce could be convicted for murder, but certainly for obstruction of justice and related crimes for helping cover-up a murder.

2015 Big Wow Comicfest Recap

Josh Gilliland

April 20, 2015

Big Wow Comicfest was once again a great show. It was awesome to catch up with friends I have made over the past two shows. I was also thrilled to have my first panel at Big Wow on Agents of SHIELD, Agent Carter, and Captain America The Winter Soldier (with a footnote from Iron Man 3).

The Legendary Jim Steranko

Jim Steranko gives a new definition to “Renaissance Man.” Jim Steranko is known for his amazing work on Nick Fury, Agent of SHIELD, Captain America, and numerous other comics.

Mr. Steranko also is an escape artist, magician, male model, and I would not be surprised if the “Most Interesting Man in the World” is based on him.

The “Steranko” panel was an interview where Jim shared many of his life adventures. After the panel, I waited in line for his autograph.

Jim Steranko really appreciates his fans. He spent a fair amount of time visiting people, which increased wait times to speak with him to an hour. However, I greatly enjoyed hearing the band Anadel play an acoustic set around their table.

And yes, I picked up artwork by Steranko and had it autographed.

Catching Up with the Boston Metaphysical Society

My friend Madeleine Holly-Rosing was at Big Wow with issue five of BMS, the latest in the six-part steampunk series. It was great to catch-up with Madeleine. If you have not read Boston Metaphysical Society, I strongly recommend checking it out.

Lawyers of SHIELD

I was thrilled to have a packed room for my panel at Big Wow. I estimate we had around 50 people, with around 6 standing in the back of the room.

The attendees were a lot of fun with great energy. There was a teenage cosplayer dressed as a very impressive Batgirl with her mother in the front row. The level of detail was amazing and a skill I totally lack. Well done.

I was impressed with the questions the attendees asked, such as whether Reed Richards was criminally negligent for Goliath’s death by the clone Thor in Civil War, details on treason, and criminal procedure.

One of the attendees came up afterward and said he was a police officer with the SFPD. The officer said they have many speakers come in to teach Constitutional Criminal Procedure. I was really flattered that he thought it would be fun for me to teach a class. And I would in a heartbeat.

I was really honored that two of the attendees were friends dating back to the seventh grade, back when we had a comic book club at Sunnyvale Junior High. One I had not seen since the eighth grade, the other since high school. It was a great to catch up and see where their careers had taken them.

Stay Tuned…

Big Wow was an awesome show. The Legal Geeks will return at another show, perhaps to discuss Daredevil, Age of Ultron, or other geek issues in the law.

Big Wow, thanks for the memories.

1...787980...137 Page 79 of 137