Arkham Asylum: Legal nightmare this time! I love this explanation of that ridiculous place!Regardless of reason, the fact remained that Arkham Asylum was somehow both a correctional facility and a medical institution, but only beholden to one or the other's regulations at a time, depending entirely on where in the facility you were. Ostensibly, the western half was a mental institution, and the eastern half was a correctional facility, with the dividing line being the center of the property line. Now, want to know the punch line?
The center of the property line didn't intersect the Arkham Asylum facility at all. The entire facility existed on the eastern half.
Now, what did this mean? Generally speaking, it meant that Arkham only needed to even pretend to be a mental institution when New Jersey's state hospital board was around, and that was assuming they didn't just… bribe the inspectors into going away.
"Who cares about the body count thanks to this, Harvey! I'll be famous!""Noa, this could undo everything Batman's done for most of a year. Think of just how many people are going to be back out on the streets, how many people could get hurt!"
This is exactly why I didn't have one of the Bat Family (tm) somehow be in the parking garage of Noa's building, or at the parking lot of Arkham. Like, having one of them there would absolutely be believable for the highly flanderized hyper-prepared Batman that we've gotten used to.Batman has become so Flanderized that I can't read stories with him as the main character anymore. "Batman prepared for that" has become too annoying to me.
Noa: "Well this brings back (bad) memories."Kitty Pryde hyperventilating in a bathroom because holy crap anxiety
And somewhere Victor Von Doom feels a sense of vindication. He then makes a note to find out why he just had this feeling so he can potentially gloat at/mock Richards.Noa squeaking something through off of binding precedent that cites DOOM,
Considering what he's been surprised by so far, this isn't much of a shock. The question will be if the result will good or bad for the defense.
DA surprise…he terrifies Kitty so badly she phases through the stand?
DA surprise: teenagers can be witty and/or cutting/acerbic; Kitty absolutely makes the DA look very stupid.
I think I can see how, because we need to consider three things.DA surprise: teenagers can be witty and/or cutting/acerbic; Kitty absolutely makes the DA look very stupid.
"And when," Edward continued, his voice low, "did the President of the United States sign H.R. 5239, officially legalizing and adopting the charter of the Justice League?"
"That was—"
I stopped dead, rolling over the thought in my head. The Justice League charter essentially deputized any and all of the members of the Justice League to act as law enforcement, so long as they were doing so on American soil, and so long as the costs of any damage that was proximately caused by their actions did not exceed that of the foes that prompted Justice League action in the first place.
More to the point? This deputy status could apply retroactively, meaning that a hero who signed onto the Justice League could use their signing to avoid lawsuit or criminal consequences from acting as law enforcement. But if signatories got the benefits of being law enforcement, then that would mean—
"November twenty-fifth of last year," Edward filled in for me. "And since Batman is a signatory of the Justice League's charter…"
"Edward Nygma, you mad genius," I said, letting the excitement I was feeling bubble up onto my expression. "Are you suggesting what I think you are?"
Pretty straightforward:so Ik I called my boi riddler for being a genius, but Its honestly going over my head, whats this mean? That they can file Mistrial?
Not this bit, but another quote from the story explains where this is going.Pretty straightforward:
1) The evidence from a "Licensed Vigilante" (retroactively) as Batman now counts, is only admissible if the collection of it caused less financial value of damage than the criminal being apprehended.
2) Riddler especially, tends to be a very low damage villain, especially if he didn't succeed. He doesn't tend to chew up the scenery.
3) Batman is a very high damage Vigilante, especially when hospital bills and injury treatments in the USA are considered.
That means that the big old folder full of "evidence" Batman delivered with the battered and broken body of the Riddler is likely not admissible, and therefore should not have been used in Riddler's trial, which means there were no grounds for arrest, much less prosecution.
"Edward, we have been over this," I told him. "Batman's actions squeak through a loophole in the rules of evidence and criminal procedure, which specifically allows for the police to take a fortuitous finding and use it to their advantage. Moreover, there's the precedent from New Jersey v. Falcone, et al. cutting against you: Batman is not a recognized member of law enforcement, meaning that any evidence he manages to deposit into the hands of police is not Fruit of the Poison Tree. Five separate judges on three separate courts all upheld the police's assertions of plausible deniability in situations like yours, Edward."
Not this bit, but another quote from the story explains where this is going.
Basically, Batman's shit works because, as someone who is NOT A LAW ENFORCEMENT OFFICER, he is capable of going into places and questioning people that the cops would require, you know, evidence to do so for a warrent. And when Batman's evidence just happens to fall into the hands of the police, well, that's just an Act of God, and perfectly admissible.
But since the Justice League Charter makes him a defacto Law Enforcement Officer, with all of the protections and RESPONSIBILITIES that entails, then that means he just broke into a place without a warrant, assaulted a suspect and tortured a confession out of him, etc. Which means all evidence on the Riddler is likely to get thrown out.
Pretty straightforward:
1) The evidence from a "Licensed Vigilante" (retroactively) as Batman now counts, is only admissible if the collection of it caused less financial value of damage than the criminal being apprehended.
2) Riddler especially, tends to be a very low damage villain, especially if he didn't succeed. He doesn't tend to chew up the scenery.
3) Batman is a very high damage Vigilante, especially when hospital bills and injury treatments in the USA are considered.
That means that the big old folder full of "evidence" Batman delivered with the battered and broken body of the Riddler is likely not admissible, and therefore should not have been used in Riddler's trial, which means there were no grounds for arrest, much less prosecution.
Did anyone say Flash's Rogues Gallery?Only the pranksters and relatively harmless villains would be able to take advantage of this legal remedy.
Well, no.I would assume that this also bypasses the problem of Noa's legal challenge freeing the more horrific members of Batman's Rogue Gallery as the precedent it creates would only apply if their demonstrated level of harm is low. Anyone with a body count or history of planning mass acts of destruction would be ineligible as the damage from their activities would easily exceed anything caused by Batman. Only the pranksters and relatively harmless villains would be able to take advantage of this legal remedy.
You should note, this isn't a standard Gotham setting. This Batman explicitly gives people crippling injuries, and while he's made the night safer he's also managed to make daytime in Gotham abnormally dangerous. Batman's not always 100% the good guy in every story. (And Noa Schaefer is very much not a character who's trying to become famous.)"Who cares about the body count thanks to this, Harvey! I'll be famous!"
Thank you! As my betas and some friends recall, I did a bit of a triple-take, and then a happy dance when I saw this. Then realized I needed to step some of my game up and sat down to outline a whole bunch more specifics for the future, because damn, now I have some expectations to fulfill!
Well, also keep in mind a lot of attorneys work 12+ hour days. The legal profession is where work-life balance likes to go to die.This is cool and fun and reminds me that programmers have a distinct disadvantage when it comes to fictionalising their work since we just stare at computers for 8+ hours a day and get mad.