How to Prosecute Wanda 616 for using Dream Walking to commit crimes on Earth 838

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January 3, 2023

Dr. Strange and the Multiverse of Madness poised the question of whether any state on Earth 838 could prosecute the Scarlet Witch from Earth 616? In the movie, Wanda 616 used the body of Wanda 838 to murder all but one member of the Illuminati. Murder is a crime in New York state (NY Penal Law § 125.27). Additionally, Wanda 616 imprisoned Wanda 838 in a mental purgatory and used Wanda 838’s body to travel from New Jersey to New York. New Jersey has an interested in prosecuting Wanda 616 for both False Imprisonment (N.J.S. § 2C:13-3) and Kidnapping (N.J.S. § 2C:13-1), even though it would be a very new application of the law for possession by a person from another universe.

Putting aside the big question of traveling between parallel universes, what is the legal theory for “universal jurisdiction” for prosecuting Wanda 616?

Universal Jurisdiction

The challenge with “Universal Jurisdiction” is that it applies to piracy. Case law states:

“[P]iracy has for centuries been considered a universal jurisdiction crime based on international agreement, and, unlike the case with respect to modern universal jurisdiction crimes, there is little debate that all nations have authority to capture and punish any pirate.”

`The pirate is a sea brigand. He has no right to any flag and is justiciable by all.’ (quoting 2 John Bassett Moore, Digest of International Law 953 (1906)).

U.S. v. Hasan, 747 F. Supp. 2d 599, 611 (E.D. Va. 2010), citing Yousef, 327 F.3d at 104; In re Piracy Jure Gentium, [1934] A.C. 586, 595 (1934).

While aptly named, Universal Jurisdiction can’t cast a spell on Wanda 616.

Territorial Jurisdiction

The legal theory for prosecuting Wanda 616 is “Territorial Jurisdiction.” This jurisdiction is a court’s power over individuals for actions in a state.

New Jersey’s Territorial Jurisdiction states:

a. Except as otherwise provided in this section, a person may be convicted under the law of this State of an offense committed by his own conduct or the conduct of another for which he is legally accountable if:

(1) Either the conduct which is an element of the offense or the result which is such an element occurs within this State;

(2) Conduct occurring outside the State is sufficient under the law of this State to constitute an attempt to commit a crime within the State;

N.J. Stat. § 2C:1-3

New York’s Territorial Jurisdiction states:

[A] person may be convicted in the criminal courts of this state of an offense defined by the laws of this state, committed either by his own conduct or by the conduct of another for which he is legally accountable pursuant to section 20.00 of the penal law, when:

1. Conduct occurred within this state sufficient to establish:

(a) An element of such offense; or

(b) An attempt to commit such offense;

N.Y. Crim. Proc. Law § 20.20

Territorial Jurisdiction is the way New Jersey 838 and New York 838 could prosecute the Scarlet Witch, because she committed crimes within each state. Granted, serving the arrest warrant is rather problematic, but the science would eventually catch up to the law since Valeria and Franklin Richards would be pretty upset about their father’s murder.

Darth Vader’s Crime Spree on Mapuzo

By

Josh Gilliland

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June 12, 2022

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Darth Vader is scary for a reason: He hurts people. A lot of people. Probably to increase his Force abilities so he can hurt more people.

In Obi-Wan Kenobi episode 3, Darth Vader’s malice for all was on display as he tore through the town on Mapuzo. Vader held a father in the air while Force choking him. When the victim’s son tried to intercede, the boy was Force pushed against the side of the home, and then his neck snapped with the Force. Shortly thereafter, a woman was drug through the dirt street face down by use of the Force.

Here are a few of the crimes Darth Vader committed:

Battery

Darth Vader brutalized the citizens of Mapuzo with the Force. The obvious charge against Vader is Battery, which is “… any willful and unlawful use of force or violence upon the person of another.” Cal. Pen. Code § 242. Choking people, slamming others against walls, or dragging individuals through the street is a willful and unlawful use of violence against a person. The elements of “battery” are clearly met.

Torture

Did Darth Vader commit Torture of both Victim 1 (the Father) and Victim 3 (Woman drugged through the street)? If California law is applied, Torture is defined as:

Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.

The crime of torture does not require any proof that the victim suffered pain.

Cal Pen Code § 206.

Darth Vader asked no questions of either of his victims. He inflicted pain and moved on.

Vader’s actions appear to have the “intent to cause cruel and extreme pain.” Case law defines this phrase means to cause extreme or severe pain. People v. Aguilar, 58 Cal.App.4th 1196, 1202 (Cal. Ct. App. 1997). Choking the father in the air checks that box; dragging a woman face down through a dirt road is not anyone’s idea of a spa day. The element of extreme pain is met with every bruise, abrasion, and broken bone.

Inflicting pain for the purpose of revenge, extortion, or any sadistic purpose is not clear from the facts. Vader’s acts could have been for the purpose of revenge for Kenobi being given safe harbor in the town, but that is not clear from the facts. There is no evidence of extortion, because there is nothing asked from any of Vader’s victims.

“Sadistic purpose” means the “the infliction of pain on another person for the purpose of experiencing pleasure.” Aguilar, at * 1203-04. It is known that Dark Side users can feed off the feelings of anger or pain. Consider Anakin Skywalker confronting Chancellor Palpatine, where the future Emperor stated, “I can feel your anger. It makes you stronger, gives you focus.” Palpatine’s expression is one of ecstasy…very creepy ecstasy.

Was Vader’s harming others to power up with a contact high of fear before confronting Kenobi? If the answer is “yes,” then the elements of torture have been met.

Murder

Darth Vader snapped the neck of a child coming to his father’s aid while Vader battered the father. This was clearly murder. California law defines Murder as “…the unlawful killing of a human being, or a fetus, with malice aforethought.” Cal. Pen. Code § 187(a). Malice aforethought is “express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature.” Cal. Pen. Code § 188(a)(1).

The killing of the son was unlawful. Even humoring the idea that Darth Vader represented law enforcement, the son did nothing to threaten Vader. Moreover, there is no argument that Force choking someone “just cause” is a lawful act for a state actor that would give a colorable argument that the son was interfering with a police action. There was no reasonable suspicion or probable cause to give any indication of wrongful conduct by the father. He was simply a victim in Vader’s way. The child died because he had the audacity to try to help his father.

The element of malice aforethought is met because using the Force to kill someone is a manifested deliberate act to take a life. Vader did exactly that.

The Galaxy’s Greatest Son: Kylo Ren’s Inheritance

By

Thomas Harper

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December 17, 2019

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The Rise of Skywalker nearly is upon us and Star Wars fans worldwide are clamoring for answers to the questions that have plagued us since The Last Jedi. While things like the fate of the Resistance and Palpatine’s mysterious return are no doubt important to many, there is one question that stands above all others: What will Kylo Ren’s inheritance be?

With the love of estate planning being so prevalent amongst Star Wars fans, it’s time to give the people what they really want by taking a look at what the galaxy’s #1 son stands to inherit as the Skywalker Saga concludes.

What parent wouldn’t want to leave their things to such a doting and well-adjusted son like Kylo?

Kylo first found himself in a position to possibly receive inheritance at the start of the sequel trilogy. Kylo’s life was suddenly turned upside down towards the end of The Force Awakens when his father, Han Solo, suddenly died of a tragic lightsaber wound.

When someone dies (even on a far away planet that is also a superweapon), a legal process known as probate is used to settle the decedent’s (dead person’s) debts and to ensure their property is transferred to heirs and beneficiaries in an orderly fashion. A specialized type of court, known as a probate court, is typically involved in this process, with the goal of overseeing the administration of estates.

Even though Han wasn’t exactly in the best financial position at the time of his death, he still had assets to his name. From the reclaimed Millennium Falcon to his trusty DL-44 blaster, Han owned a decent amount of property at death, which would need to be distributed during the probate process.

The law generally requires that you outlive someone in order to inherit from his or her estate. Leia and Kylo, as Han’s surviving spouse and child, would therefore both be in position to be beneficiaries of Han’s estate.

“This is NOT how I thought this day was gonna end.”

The first step in the probate process is determining whether Han died with a will. A will is a key part of the probate process, since it’s the document in which a person expresses how his property should be distributed after he dies. As someone who lives out of his spaceship and illegally hauls rathtars around the galaxy, it’s safe to say that Han probably never took the time to sit down a and draft a will.

When someone dies without a will, a set of default laws kick in. Known as intestate succession laws, these laws apply equally to anyone who dies without a will. In the absence of a will to provide clear directions, intestate laws operate to ensure an orderly distribution of an estate that minimizes fighting amongst heirs. These laws establish both who is eligible to inherit from an estate, as well as setting their respective shares.

For example, in Pennsylvania, in the case of a person who is survived by both a spouse and a child of that marriage, the spouse inherits the first $30,000 of the decedent’s property, plus half of the remaining balance, and the child inherits the rest. Han’s family fits that profile, meaning Leia and Kylo would potentially stand to inherit a decent chunk of Han’s estate.

Kylo can’t wait to hang his dad’s lucky sabaac dice over the rearview mirror of his command shuttle.

But before Kylo can tear off in the Millennium Falcon to do space donuts, he’ll have to deal with a major legal speed bump to his inheritance claim. That legal hiccup arises because of how Han died. Kylo isn’t in a position to inherit from his dad because of some unfortunate accident or a sudden deadly illness—he murdered his father in cold blood. If it seems patently unfair that someone might stand to inherit from his own misdeeds, that’s because it absolutely is.

Fortunately, just about every state has legal mechanisms in place to prevent these types of ill-gotten gains. Commonly known as “slayer statutes,” these laws prevent someone who killed the decedent from inheriting from the victim’s estate. Slayer statutes accomplish this by treating the slayer as having died before or “predeceased” the victim, which effectively bars them from inheriting any property. One of the most famous examples of a slayer statute in action came with the Menendez Brothers in the 1990s. Lyle and Erik Menendez, heirs to a $14.5 million dollar estate, brutally murdered their parents in 1989. They were later convicted in a high profile trial and barred from inheriting the lucrative estate.

In Kylo’s case, he would almost certainly be classified as a “slayer” under the law in most states. In Pennsylvania, a slayer is defined as “any person who participates, either as a principal or as an accessory before the fact, in the willful and unlawful killing of another person.” Kylo was a principal in the death of Han, having willfully run him through with a lightsaber on Starkiller base.

Obliterating property of the estate just because you can’t inherit it is never the right answer.

Although Kylo might cry foul that he hasn’t been tried and convicted of Han’s death, that wouldn’t matter in most states. While a criminal conviction for murder is often treated as conclusive proof that someone is a slayer, a typical slayer statute does not require a criminal conviction. That’s because these statutes are civil laws, not criminal laws, which means the burden of proof is much lower. Kylo’s responsibility for Han’s killing would therefore only need to be shown by a preponderance of the evidence, as opposed to being proven beyond a reasonable doubt. Thus, if the court concluded that it was more likely than not that Kylo killed Han, he would be blocked from any inheritance. Given that there were two eyewitnesses to the crime (three if the court can find a wookiee interpreter for Chewbacca to testify), that burden of proof would be easy to meet.

Kylo might also argue that he isn’t a slayer because he wasn’t criminally responsible for Han’s murder, perhaps by reason of Dark Side induced insanity. But despite that argument, he might still be barred from any inheritance in certain states. For example, in Florida, the definition of a slayer is much broader, including those who unlawfully kills or merely participates in procuring the death of someone. That expansive definition includes crimes that go beyond premeditated murder, and arguably includes lesser unlawful killings such as involuntary manslaughter.

Unfortunately for Kylo, his eagerness to prove himself to Snoke likely doomed his chances at any inheritance. Kylo won’t even stand to inherit a single one of Han’s dusty old vests (which are no doubt covered in Chewbacca hair).

Can Bounty Hunters Use Lethal Force?

By

Josh Gilliland

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November 18, 2019

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The Mandalorian is the story of a bounty hunter in the Outer Rim who is no stranger to using lethal force. Is it lawful for a bounty hunter to kill?

As a preliminary matter, many states have stopped using the term “bounty hunter.” In California, such as individual is a “bail fugitive recovery person,” who has extensive statutory requirements, including having both bail and private investigator licenses. CA Penal Code § 1299.02. Other requirements include having proper documentation before apprehending a bail fugitive; must not represent themselves as being with law enforcement; and provide at least six hours of notice to local law enforcement that they are going to apprehend a bail fugitive, absent exigent circumstances. CA Penal Code §§ 1299.05; 1299.06; 1299.07; and1299.08.

There are two big requirements: bail fugitive recovery persons cannot forcibly enter a premise or carry a weapon unless in compliance with state laws. CA Penal Code §§ 1299.09 and 1299.10.

In arguendo that the Mandalorian was in compliance with California gun laws, could a bounty hunter shoot a bail jumper? In a Connecticut case that asked whether warning shots could be fired at a fleeing bail jumper, the answer is “no.” The Court explained, “A bounty hunter’s legal right to seize and hold does not automatically authorize the use of force…” McGibony v. Danaher, No. CV094020419S, 2009 Conn. Super. LEXIS 2609, at *7 (Super. Ct. Oct. 1, 2009).

That is not the end of the analysis. In the first episode of The Mandalorian, there was a fight with a human and a Quarren. The elements of the confrontation include the Mandalorian entering the cantina, not saying anything, and walking up to the bar. The two assailants surround the Mandalorian with claims the Mandalorian spilled the human’s drink when the Mandalorian entered the cantina. The human struck his knife across the Mandalorian’s chest armor and asked if the armor was real Beskar. This contact is technically battery, because the contact was a “willful and unlawful use of force or violence upon the person of another.” Cal. Pen. Code § 242.

The contact of the knife against the armor was the moment the Mandalorian responded to the physical battery upon his person. This triggered classic self-defense analysis. The Mandalorian could have reasonably believed he was in immediate danger of being killed or suffering great bodily harm, because he was surrounded and a knife had made contact with his person; The Mandalorian reasonably believed the use of force was needed to defend himself; and the Mandalorian used no more force than was necessary to defend against the danger. The human assailant was subdued with the use of force, but lethal force was not used on the Quarren until he fired a blaster at the Mandalorian. See, 1 CALCRIM 505 (2018). All of the Mandalorian’s actions were proportional to the threats he faced during the altercation.

Now, we don’t exactly know what Sub Paragraph 16 of the Boadsmen’s Guild Protocol Waiver says exactly, but it is hard to imagine that giving IG-11 a license to storm a stronghold by force…

Batman – The Long Halloween

By

James Liu

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October 31, 2019

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The Jeff Loeb and Tim Sale Batman story The Long Halloween is hailed as one of the greatest Batman stories and heavily inspired Nolan’s The Dark Knight Trilogy. The Long Halloween covers Batman, Harvey Dent, and Jim Gordon’s crusade to take down Carmine “The Roman” Falcone. In the midst of combining vigilante, legal, and police justice, a mysterious serial killer appears who begins killing individuals close to Falcone on holidays. However, killing is not the only crime that goes on in The Long Halloween. The heroes and villains of the story are embroiled in schemes that result in a colorful assortment of crimes.

Halloween

On the first holiday of the tale, Batman and Harvey Dent team up to hit Falcone where it hurts. After Bruce Wayne prevents Falcone from storing his money with Gotham City Bank, Falcone is forced to store his cash in a warehouse. After a jaded legal campaign against Falcone, Dent realizes that he won’t be able to hurt Falcone as the district attorney. Instead, Dent convinces Batman to help him bring the heat to Falcone and the two of them turn Falcone’s warehouse into the inside of a Jack-o-lantern on Halloween. Unfortunately for Batman and Dent, the destruction of Falcone’s cash stores violates Title 18 United States Code § 333, i.e. the destruction of any bank bill issued by any national banking association, Federal Reserve bank, or the Federal Reserve System. Luckily for Batman, the punishment is only a fine or imprisonment of less than six months. Unluckily for Dent, he may be disbarred for committing a felony.

Thanksgiving

After Falcone orders some hitmen to detonate an explosive in Dent’s home on Halloween, Batman, Dent, and Gordon hatch a plot to catch Falcone. The Crusading Trio capture the criminal outfit, dubbed “The Irish,” responsible for the bombing and Dent impersonates their leader Mickey “The Mink” Sullivan in hopes of obtaining some incriminating information from them when they are stuck in jail for the night. Hopefully Dent paid attention in his Criminal Procedure class because depending on how he approached the other members of “The Irish,” whatever information he obtained could have been suppressed. Under United States v. Henry, the Supreme Court held that the Sixth Amendment prohibits use of government informants to “deliberately elicit” confessions or other incriminating statements from defendants after the right to counsel has attached. 447 U.S. 264, 274 (1980). However, no formal indictment had been filed against “The Irish” yet so anything Dent heard while impersonating Mickey may still be admissible. Unfortunately for Dent, “The Irish” had their statements rehearsed and none of their statements could connect Falcone to “The Irish’s” fowl play.

Christmas

The Joker becomes infuriated with the so-called “Holiday” serial killer taking away his limelight and begins his hunt for whoever the killer is. In order to determine the killer’s identity, the Joker pays a visit to Carmine Falcone’s residence. While there, the Joker attacks Falcone with his joker playing cards. While the offensive touching of Falcone will certainly constitute assault and battery, can the Joker be convicted for assault with a deadly weapon? In People v. Lochtefeld, the California Court of Appeal cited to California Penal Code § 245 which defines a deadly weapon as “any object, instrument, or weapon which is used in such a manner as to be capable of producing, and likely to produce, death or great bodily injury.” While California’s definition of deadly weapon is quite giving, it’s unlikely a court would be so generous as to find regular playing cards a deadly weapon. Joker uses the cards to achieve a theatrical effect rather than a practical one.

New Year’s Eve

After having no luck with Falcone, the Joker makes a resolution to find the “Holiday” killer with any means possible. In turn, the Joker hijacks a plane and attempts to drop his signature laughing gas on a giant crowd of Gothamites welcoming in the New Year. Here, the Joker is violating two major U.S. codes: 49 U.S.C. § 46502 and 18 U.S.C. § 2332a. Under 49 U.S.C. § 46502, “aircraft piracy” constitutes the seizing and exercise of control of an aircraft by means of force, violence, threat of force or violence, or any form of intimidation, and with wrongful intent. Considering the Joker sent the aircraft ground crew to a merry death, the Joker will definitely be violating this federal statute. But the Joker rarely ends at just a hijacking; 18 U.S.C. § 2332a criminalizes the use of a weapon of mass destruction against any person or property within the United States. 18 U.S.C. § 2332a(c)(2)(C) defines a weapon of mass destruction as any weapon involving a biological agent or toxin. Considering Joker’s laughing gas leaves its victims with a wide grin and no heartbeat, it is likely to fall within this definition.

Valentine’s Day

Falcone’s failed attempts to reason with Bruce Wayne lead Falcone to target Wayne’s heart rather than continue negotiating with him. Falcone hires Poison Ivy to use her powers to mind control Bruce Wayne into approving the deal between Falcone and Gotham City Bank. While there are no laws on point in regards to meta-human powers, there are laws on the use of poison on individuals. Poison Ivy’s powers are derived from her control of plants and pheromones which are essentially poisons or naturally created drugs. The application of drugs or poisons against someone is likely to be considered some form of battery or assault depending on the jurisdiction. The California legislature enacted a specific statute to address the issue. California Penal Code § 222 criminalizes the act of administering a drug or other controlled substance against another individual in order to enable themselves to commit a felony. Poison Ivy intentionally pricks Bruce Wayne with a poisoned rose thorn which introduces a chemical substance into Wayne’s bloodstream that causes him to obey Ivy’s every command. Ivy could find herself behind bars from sixteen months to three years on top of any other felony she commits while Wayne is under her influence. In addition, Ivy’s actions would probably land her on Gotham’s sex offender registry.

St. Patrick’s Day

Carla Vitti, Carmine Falcone’s sister, “forg[e]ts” to give Gotham police the gun used to kill her nephew, Alberto Carmine. After Carla’s own son is killed on Halloween with the same model gun, a .22, Carla conceals the gun from police investigation in hopes of using the gun to kill “Holiday.” Under 18 U.S.C. § 1519, the concealment of any tangible object with the intent to impede the investigation of any matter within the jurisdiction of a department or agency of the United States can be punishable by up to twenty years. Carla’s purposeful concealment and intention to use the gun against the “Holiday” killer will likely land her with up to twenty years in prison. Unfortunately for Carla, luck was not on her side as she would not survive her next encounter with the “Holiday” killer.

Mother’s Day

Jonathan Crane, AKA the Scarecrow, douses Batman with some of his signature fear gas while escaping from Arkham Asylum. While under the effects of Crane’s fear gas, Batman, now under the guise of Bruce Wayne, visits Crime Alley, the site where his parents were murdered. Simultaneously, Commissioner Gordon and Harvey Dent agree to initiate a momumental manhunt for Bruce Wayne, believing he has ties with Carmine Falcone. Gordon and his police force spot Wayne in Crime Alley and attempt to arrest him but he flees from them and retreats to his mother’s gravestone. Under California Penal Code § 148(a)(1) any person who “willfully resists, delays or obstructs” any police officer in the fulfillment of his or her duty can be fined up to one thousand dollars to imprisoned in a county jail up to one year. Because Wayne flees from the police at Crime Alley, he could be guilty of this law; however, because Wayne was under the effects of Scarecrow’s fear gas, he may have a defense. Under California law, involuntary intoxication is considered an absolute defense for crimes that require intent or a mental state. Wayne could argue that he was unable to form the intent to “willfully” resist arrest because he was involuntarily sprayed with the fear gas. However, some anti-Batman critics may say that Bruce Wayne’s nocturnal hobbies constitute a voluntary exposure to such side effects and that a reasonable vigilante should expect to be sprayed with a fear toxin here and there.

Father’s Day

On Father’s Day, Falcone realizes that he can no longer depend on ordinary thugs to carry out his plans. While hiring two members of The Rogues Gallery might get things done, Falcone could not see father than the end of his nose. By inviting two a man dressed in a scarecrow costume that uses fear gas and a man dressed as the Hatter, Falcone broke his crime family’s cardinal rule of not hiring “freaks.” Under 18 U.S.C. § 373, any person who attempts to solicit another person to engage in conduct that constitutes a felony that involves the use or threatened use of physical force against another person can be punished by either a life imprisonment or death. Here, Falcone attempts to hire Scarecrow and Mad Hatter to help him take care of Batman. Since Falcone is soliciting the two villains to dispose of Batman, Dent would probably be able to convict Falcone of solicitation. Regrettably, Falcone is likely to have every judge and their father on his payroll.

Independence Day

On Independence Day, Scarecrow and Mad Hatter lace fireworks with Scarecrow’s fear gas use it to help them break into Gotham City Bank. The two villains could be prosecuted for violating both 18 U.S.C. § 2332a and 18 U.S.C. § 2113. Like the Joker’s plot on New Year’s Eve, the use of fireworks as a vehicle to disperse poisonous fear gas across the surrounding area of Gotham City Bank will likely constitute the use of a weapon of mass destruction. 18 U.S.C. § 2113 is the federal statute that criminalizes bank robberies. By the time Batman arrives, Scarecrow and Mad Hatter are already in the process of carrying away sacks of cash after blowing their way into the bank. Under 18 U.S.C. § 2113, anyone who, by force and violence, takes money from the possession of a bank will be guilty of bank robbery. Considering the trail of bodies left behind by the villainous duo, it would be easy to prosecute them for the crime. Despite their best efforts, Batman’s timely arrival will ensure that the two spend the night of Independence Day behind the bars of Arkham Asylum without the freedom to cause mayhem throughout the city.

The Roman’s Birthday

Carmine Falcone’s wish finally comes true on his birthday. Sal Maroni turns himself to Gotham PD and agrees to testify against Falcone after Maroni’s own father is gunned down. In one of the most iconic scenes in the Batman mythos, Maroni begins to cough and complain of an ulcer while he is on the stand being questioned by Dent. Dent, impatient to get Maroni’s testimony, approaches Maroni while Maroni is caught in a coughing fit. As Dent leans in to reiterate his question to Maroni, Maroni grabs a vial of acid and splashes it across Dent’s face. Maroni’s actions could be prosecuted under a number of legal theories. While Maroni’s lawyer may argue that Maroni’s actions were just an assault with a deadly weapon, the District Attorney’s office would likely pursue attempted murder, since Dent survives the ordeal. In California, codified as 16 California Penal Code § 664, attempted murder requires that a person take a “direct but ineffectual act” toward killing another person and that the attacker have the intent to unlawfully kill that other person. Maroni takes multiple steps including the procuring of the acid and the actual act of splashing the acid on Dent’s face. Maroni’s lawyer may argue that there was no intent to kill Dent, but Maroni’s own words suggest otherwise. After Maroni throws the acid he yells: “You’re dead, Dent! That stuff’ll eat through cement!” Maroni’s outburst shows that he intended to kill Dent with the acid. Maroni could also be convicted under 8 California Penal Code § 203, a law that criminalizes “mayhem.” Mayhem is defined as the unlawful and malicious deprivation, disabling, or disfigurement of a human being’s body part. Mayhem can also include putting out an eye or slitting a nose, ear or lip. Maroni’s horribly disfiguring attack on Dent would easily qualify Maroni to be prosecuted under this statute.

Labor Day

While Maroni is being transferred from his prison cell, it is revealed that Carmine Falcone’s son, Alberto is still alive and faked his own death. Alberto then confesses to being the “Holiday” killer. While faking your own death, or pseudocide, is not a crime on its own, faking your own death usually involves a number of fraud-related crimes.

Halloween

One year after the first crime is committed, the identity of the “Holiday” killer is finally revealed. With Alberto behind bars, the real “Holiday” killer is able to trick the police and ultimately evades arrest. The last panels of the story depict the “Holiday” killer burning the costume they used to commit the various holiday related murders. The “Holiday” killer’s actions allow us to revisit 18 U.S.C. § 1519. The “Holiday” killer is knowingly destroying tangible evidence in order to ensure that the police never discover their identity. This is a clear violation of 18 U.S.C. § 1519 as the “Holiday” killer is attempting to destroy evidence. Just as Falcone’s cash goes up in flames during the last Halloween, all evidence of the “Holiday” killer’s identity is reduced to a pile of ash.

Toil & [Legal] Trouble: The Sanderson Sisters’ Legal Consequences in Hocus Pocus

By

Jordan Yakowenko

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October 31, 2019

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In 1993, Max Dennison moved to Salem, Massachusetts from Los Angeles, California. Along with his sister, Dani, his classmate, Allison, and a talking cat named Binx, he experienced a Halloween unlike any other. A skeptic of the spooky, Max lit the Black Flame Candle to try to prove the inexistence of witches and instead resurrected three unruly witch sisters: Winifred, Mary, and Sarah Sanderson. Though the witches wreaked havoc on Salem with various potions and spells, they also broke a few laws along the way. If their fates had ended differently- not in bursts of dust- these sisters just might have found themselves in front of a jury.

Winifred Would Be Convicted of the First-Degree Murder of Billy Butcherson

As Binx explains, “Billy Butcherson was Winifred’s lover, but she found him sporting with her sister Sarah, so she poisoned him and sewed his mouth shut with a dull needle. So, he couldn’t tell her secrets, even in death.” Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing, is murder in the first degree. 18 U.S.C.A. § 1111. Though Winifred was envious of Billy’s fondness of her sister Sarah, she has absolutely no defense to killing the man. Also, her jealousy-fueled and deliberate mutilation is evidence of malice aforethought. Therefore, had it not been for her demise by the rising sun, Winifred probably have found herself with a significant sentence for the first-degree murder of Billy Butcherson.

The Sanderson Sisters Kidnapped Dani Dennison (and Emily, Jay and ICE)

Per 18 U.S.C.A. § 1201, whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise any person, except in the case of a minor by the parent thereof, when any such act against the person is done within the special maritime and territorial jurisdiction of the United States, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment. Not only do the Sanderson Sisters capture and suck the life out of young Emily Binx in 1693, they also kidnap both Jay and ICE (Max’s school bullies) after Jay calls the witches ugly. In addition, Winifred carries Dani off on her broom, in the hopes of making Dani drink a potion. Accordingly, in an alternate ending, the Sandersons would have inevitably faced hefty kidnapping sentences as well.

The Sisters Participate in Fare Evasion When They Ride the Bus for Free

When the Sanderson Sisters find themselves in front of a bus, they tell the driver they desire children and he welcomes them aboard, assuming they are dressed up for Halloween. Though the driver granted his permission, the witches did not pay for the ride. In some jurisdictions, fare evasion is considered a misdemeanor, and in others it is still subject to fines. Despite being the least of these criminal witches’ legal concerns, they might find themselves faced with a fare evasion fine as well. Or, in other words, they put the spell on us, but now they’re fined!

It is uncontested that the Sanderson Sisters were up to no good. Their goal was quite literally to suck the lives out of children to become young and beautiful themselves. It is comforting to know, that even if their plan played out in their favor and the witches found themselves young once again, they would most likely be spending those regained years behind bars. At the end of the day, it was not “just a bunch of hocus pocus,” it was a bunch of criminal activity!

What to do about Hawkeye’s 5 Year Murder Spree?

By

Josh Gilliland

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June 24, 2019

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Avengers Endgame opened with Hawkeye’s family all falling victim to “The Snap.” Clint Barton being of sound mind decided to avenge his family’s loss by becoming a medieval-style Punisher known as Ronin and killing criminals across the globe. Can Hawkeye be defended for killing people in Mexico City and Tokyo?

As a preliminary matter, the mass death from Thanos’s “Snap” earned the name “The Decimation.” New York was reduced to an empty ghost town. San Francisco had abandoned streets, houses, cars, and piles of garbage. It was unclear how much of civil society still functioned, but the lights were on in Tokyo. Moreover, someone built the monument to the lost just north of the Golden Gate Bridge, so some government functions continued at least in part.

Murder is “the unlawful killing of a human being with malice aforethought.” 18 U.S.C.S. § 1111(a). The fact Clint Barton traveled to Mexico and Japan to kill criminals was willful conduct. There is no doubt these were premeditated killings. While definitions of murder can vary between countries, an American traveling to other countries with the intent to kill is murder in any country.

The United States has extradition treaties with both Mexico and Japan dating back to the Carter Administration. In such proceedings Courts consider whether:

(1) The judicial officer is authorized to conduct the extradition proceeding;

(2) The court has jurisdiction over the fugitive;

(3) The applicable treaty is in full force and effect;

(4) The crime(s) for which surrender is requested is/are covered by the applicable treaty; and (5) There is sufficient evidence to support a finding of probable cause as to each charge for which extradition is sought.

In re Extradition of Nunez, No. 10-24020-MC, 2011 U.S. Dist. LEXIS 37954, at *4 (S.D. Fla. Mar. 28, 2011) in applying 18 U.S.C.S. § 3184.

The Court does NOT decide on guilt or innocence in such hearings, only whether the requirements for extradition have been met. Applying the elements to Hawkeye, a US Magistrate Judge or Federal District Court Judge could conduct an extradition hearing. Secondly, if the Court was in the Western District of New York (upstate where Barton lived) or the District of Columbia if Barton’s location was unknown, jurisdiction would be proper. Third, both treaties are in full force. Finally, there would be probably cause for charging Barton with murder. Just count the dead Yakuza in Tokyo.

It is not clear if Barton murdered people in the United States, but it is safe to assume “yes.” Federal and State Courts would want first rights to prosecuting Barton for his crimes before extradition to other countries. Attorneys for Hawkeye could argue he suffered from a form of the insanity defense, but there are challenges to winning an acquittal.

The Federal Insanity Defense requires the Defendant proving by clear and convincing evidence that Hawkeye was unable to know the wrongfulness of his actions due to a severe mental disease. 18 U.S.C. § 17(b). There is a credible, by difficult argument to make, that after Hawkeye’s family disappearing around him (along with half of all life on Earth), Hawkeye suffered from Post Traumatic Stress Disorder (PTSD) and was unable to know the wrongfulness of his actions.

The Defense would need to offer expert testimony that linked Hawkeye’s PTSD to not understanding murdering criminals was wrong. Expert testimony on PTSD for the insanity defense has been excluded where the expert failed to connect the criminal conduct to the insanity defense. See, United States v Cartagena-Carrasquillo 70 F3d 706 (1995, CA1 Puerto Rico). It is not enough to show Barton had PTSD; the PTSD has to be the reason Barton did not know right from wrong. One might think that someone who is able to travel the world in search of criminals to execute does understand the wrongfulness of his actions. Alternatively, someone going to the lengths to commit international murder of criminals is clearly not sane.

Could a PTSD insanity defense work? In a world where over half the population died and literally everyone on the planet traumatized by it, likely yes. Jurors would absolutely understand Hawkeye’s trauma and what drove him to murder. Furthermore, Mexico and Japan likely would call a mulligan over murdered criminals given Hawkeye’s role in helping bring every Snap victim back to life.