by Brian Panucci, Staff Writer
Luckily for Batman and the
like, the law does provide a few defenses for superheroes. Crime fighters could lean on the criminal law
principles of justification in the areas of defense of others and crime
prevention. Justification occurs when the commission of a proscribed act is
viewed by society as justified and hence not appropriate for criminal
punishment. Defense of others is justifiable to protect a third person when the
third person would be justified in using force to protect himself against the
injury he believes to be threatened and the actor believes that his
intervention is necessary for the protection of such person. Crime prevention
is a type of justification where the use of non-deadly force to prevent death or
serious bodily injury to himself or another is permitted. Batman attacking the
Joker because he has a knife to the throat of Rachel Dawes would fall into both
of these categories of justification.
Although these superheroes are
safely contained within the big screen, the rise of superhero movies being
produced by big Hollywood studios has spawned a few impersonators. Men like
Mark Williams of Petoskey, Michigan have made news for their attempts to mimic
their big screen idols. Williams has been arrested twice for interfering with
police at the scene of a crime, most recently on Sept. 29, 2012. Dressed as
Batman, Williams would listen to a police scanner and arrive to assist the
authorities. The problem was Williams did not provide much help and faced charges
due to his interference.
How would the law handle big-budget
movie superheroes like Batman or the Avengers if they existed in reality? While
Commissioner Gordon may have turned a blind eye when Batman pummeled the bad
guy, legally Batman would be guilty of battery. In fact, despite their costumes
and gadgets, these superhero vigilantes would be subject to the same laws as
any common citizen. As vigilantes are
not authorized by law or the government, superheroes would frequently be found
guilty of obstructing law enforcement.
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| © 2005 Warner Bros. Studio Surprise! You may be battered without an assault. |
Vigilantes such as Batman who
act on their own are open to great liability; however, a group like The
Avengers are part of a covert government program and subject to different laws.
Their government involvement would make it more likely they could escape
prosecution for the damage they had caused. Under Pennsylvania stature, no
local agency shall be liable for any damages on account of any injury to a
person or property caused by any act of the local agency or an employee thereof
or any other person. So smash away, Hulk.
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| © Associated Press |
Becoming a vigilante crime
fighter is dangerous, expensive and could lead to criminal liability. Without
the funding of a government program or a large private fortune, it would be
difficult for any citizen to seriously undertake the job of crime fighter. As
Batman himself said, the difference between a standard vigilante and himself is
he isn’t wearing hockey pads.
