SJ4130 Superheroes and the Justice System--Assignment 3

[Erika]

Super powers greatly increase the likelihood of fatalities in any given fight. Discuss the use of lethal force by heroes. What regulations need to be in place regarding its use? Is it usurping the role of the justice system? What circumstances dictate whether or not it is appropriate? Consider how the portrayal of lethal force changes based on the genre and overall tone of the comic.

This is a short answer assignment.

[rypperd0c]

This question can actually be addressed by looking at a case of a bank robbery... en.wikipedia.org/wiki/North_Hollywood_shootout

This was a heavily publicized bank robbery, and stood out because the robbers were equipped with armor, and assault weapons with armor piercing ammunition. The police responded with their standard armor, weapons, and ammunition, and were unable to do anything to actually detain, or even hurt the robbers. The bank robbers were, in effect, super villains. Eventually the police were able to stop the robbers because of two things. First, the robbers were limited in how much ammunition they could carry. And Second, the arrival of reinforcements with better armor, weapons and ammunition.

Now let us look at this in a comic book super hero/villain perspective...

Super villain robs a bank, putting civilian lives at risk. The police respond, but are unable to do more that upset the villain, who responds by lashing out, injuring police and civilians, and causing property damage. Finally a super hero arrives on scene. There is some additional collateral damage, and the villain, unwilling to give up, forces the hero to use the final solution. The villain is no more, but there is no victory celebration.

Now in this case, if anybody living in the area had a high powered rifle, and felt their life was in danger because of the bank robber shooting in his or her general direction, this person might have decided to defend his/her self, and ended the conflict sooner. This would be represented in a comic as the vigilante hero.

As things played out... Government endorsed Hero was sent to the scene to act on behalf of the people.

If the Vigilante had stepped in, it would have under-cut the police's credibility when it came to protecting the peace. The police and the legal system would have to take some action against the vigilante just to protect their place in the social structure, and to demonstrate that the rule of law still had power.

Summery.... Licensed/endorsed hero is an extension of the law/police, and protected from prosecution in the same ways. A vigilante can be hero or villain, depending on genre, and can be both at the same time... Legally a villain, but seen as a hero, even by the police that have an obligation to acknowledge him only as a criminal.

Grade: A very solemn number of points

[Twitch]

First I'd like to define lethal force. Even a passive power like mind-reading could be used to kill (push the right emotional buttons and someone could make a fatal error.) In my opinion, lethal force is the hero's decision to kill/maim. (accidental killing or maiming would fall under manslaughter) Superman doesn't use lethal force, but yet has a dangerous power set. 

Regulating super-powers would be trickier than regulating weapons. However, I believe the same basic principles could apply. Owning a gun/sword is fine, self defense/aiding an neighbor is fine. I think that if using a 'lethal' super-power is treated like a more mundane method (weapons or brawling) it would boil down to how culture and law permit their use.

Heroes and lethal force powers don't have to usurp the role of the justice system. Ideally, I believe they would augment it. The justice system is often limited to finding/punishing after a crime is committed. If a hero/powered person is on the scene the crime can be prevented. However, the problem starts with vigilantism. When there's no accountability - things get scary. Imagine Superman using lethal force even for the right reasons. He's turned into a benevolent dictator, when he goes there will be a power vacuum that will cause conflict. Lethal force requires accountability or any society turns into a bloody anarchy. 
This is not to say that lethal force, powered or otherwise, is never appropriate. I personal don't believe it should be such a taboo option; but it should always be the last option and only used to protect an endangered live. Field executions/revenge are not a hero's job - just protection.

Comics with hero lethal force typical belong in a more distopian genre. Individuals in a corrupt world take over when the system fails. In most worlds, however, the hero's respect for life, even the villains, is one of his/her defining elements. Those stories are about making a difference and not taking the easy route.

[Kashiro]

By the very nature of certain powers, the application of lethal force is easy. However, the consequences are not. There obviously need to be rules and other regulations here to sort this out, while also being fair and reasonable given the extenuating circumstances under which these incidents naturally occurred. This will probably involve a sort of system based on the nature of who was killed (i.e. different verdicts for those that killed megalomaniacs threatening the city, and those that killed street thugs) and how justified they were. Now, I imagine this to be an extension of the justice system rather than a usurper; an addendum to ensure justice for all. Now, the circumstances which may allow murder as justified include the situations of those with kill-orders, are confirmed mass-murderers, or the kind of crazy villain who's less mad-cackling and more talks-to-themselves-and-imaginary-friends-to-burn-down-everything while being dangerous enough that any attempt to treat them will end up with every person in the institution having third degree burns. Now, based upon the comic, the consequences of lethal force will change. For some comics, murder is morally disgust, end of story. For some, it depends. And for some, it's an inevitability. Now, if, for example we take Watchmen, then yes. Murder will happen, and sometimes it's a sweeter judgement than otherwise. If we take, say, Superman comics, this is not going to be the case. Even worse if it's like Teen Titans or something. Of course, this is in line with the story that the author wants to portray, any message they wish to convey, and also the intended audience that will consume the media.