Laws Broken: Dark Knight (Can Batman Use Self Defense? How Many People Did the Joker Kill?)

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Those harcore and serious talks about the real-world complications of my capeshit almost get me hard! Thanks for the share! Love it!

👍︎︎ 3 👤︎︎ u/[deleted] 📅︎︎ Mar 28 2019 🗫︎ replies
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- [Narrator] Thanks to Dashlane, for keeping Legal Eagle in the air. - I'm gonna make this pencil disappear. Ta-da! - Cute magic trick, also first degree murder. Hey Legal Eagles, it's time to think like a lawyer. Welcome back to Laws Broken where an attorney destroys your favorite childhood movies by showing you how illegal everything is. Because everything is illegal. This week we're going to examine The Dark Knight and we're finally going to answer the question, can Batman use the self-defense justification? Can you trust me? - Do you trust him? - Of course you can trust me, I'm an attorney. As most people know, the Batman stories take place in the fictional city of Gotham, but as everyone recognizes, Gotham is just a stand in for New York City and since I am licensed to practice in the state of New York, I'm going to be using New York law for the most part to talk about the various crimes of the Joker and Batman. So, be sure to subscribe and comment in the form of an objection which I'll either sustain or overrule and stick around until the end of the video where I give a verdict for how long the Joker and Batman are both going to jail. So, let's examine the evidence. (tense music) Alright so we have your standard, garden-variety breaking and entering and criminal trespass onto the building of a bank. - Three of a kind, let's do this. - That's it, three guys? - Two guys on the roof, every guy gets a share, five shares is plenty. - Six shares, don't forget the guy who planned the job. - He thinks he can sit it out and still take a slice. I know why they call him the Joker. - Okay, so these bad guys have helpfully explained that they are all engaged in a criminal conspiracy to rob a bank. As members of a conspiracy, assuming that the Pinkerton Doctrine applies, all of the members of the conspiracy including the Joker are on the hook for all of the criminal acts of their co-conspirators. So, I'm going to impute all of the bank robbers bad acts to the Joker himself. (general shouting) (woman screaming) - [Clown] I said stay down there. - That's funny, it didn't dial out to 911, it was trying to reach a private number. - Is there a problem? - No, I'm done here. - And that's just straight up murder but because all of these bank robbers are engaged in a conspiracy to conduct an inherently dangerous crime, that's armed robbery, with guns, and bombs, and grenades, all of those co-conspirators are likely on the hook for the murder of this person under the felony murder rule. But on top of that, the felony murder rule would apply to any unintentional killings that occur during the course of this armed robbery as well. - [Clown] Nobody make a move, nobody, stay down! (gunshot) - Alright William Fichtner bringing the heat. (gunshot) So, the bank manager comes out with guns blazing. You might assume that this is attempted murder because he's using a shotgun to try and kill the bank robbers, but it's likely that the justification of self defense applies here and excuses his actions. We're gonna be talking a lot about the justification of self defense in a moment but to give you a preview, robbery is one of the enumerated categories of situations where you're allowed to use deadly force to protect against it. So, I think the bank manager is probably justified in using deadly force to protect against the robbery of the Joker and his henchmen. (machine gun firing) And because the Joker is not justified in using deadly force, that's just plain old attempted murder. - Boss told me when the guy was done, I should take him out. One less share, right. - Funny, he told me something similar. - What? No, no, no! - More murder. - [Clown] I'm bettin' the Joker told you to kill me soon as we loaded the cash. - No, no, no, no, I kill the bus driver. - Bus driver? What bus driver? - Obviously this is some type of murder here but what's going on? Well, the Joker knew that bus was going to break through the wall at a certain time. So one might argue that because he didn't intentionally pull a trigger and shoot a gun, that he's not liable for first degree murder. The problem is that because he knew this was going to happen and moved out of the way and forced the guy into the path of the bus, that is a mental state we call knowingly which generally carries with it exactly the same kind of penalty that you would have when you intentionally do an act that results in someone's death. So, in this case, even though the Joker didn't pull the trigger, he knowingly engaged in actions that would lead to the death of his co-conspirator which would qualify as at least second degree murder, if not first degree murder. - That's a lot of money. What happened to the rest of the guys? (machine gun fires) - And that's just your garden variety form of murder. - [Bank Manager] Look at you. What do you believe in, huh? What do you believe in? - [Joker] I believe, whatever doesn't kill you, simply makes you stranger. - So the Joker made physical contact with the bank manager there which technically qualifies as assault and because he used a smoke bomb instead of an actual incendiary grenade, I think that would probably qualify as intentional infliction of emotional distress, even though the man was not physically harmed in the explosion from a grenade. (glass shattering) Destruction of property. - Don't let me find you out here again. - We're trying to help you. - I don't need help! - Not my diagnosis. - What gives you the right? What's the difference between you and me? - Not much. Is Batman justified in using self-defense and patrolling the streets of Gotham? Well, let's think like a lawyer. (intense rock music) The state of New York recognizes self-defense as a justification for using physical force in the defense of different people. Whether it applies is complicated. Now, the rules of using physical force and deadly physical force are different. Generally speaking, you're allowed to use physical force in self defense if you believe it is reasonably necessary to defend yourself or a third person against the imminent use of unlawful physical force. Of course, there are exceptions to that. You are not justified in using physical force when your conduct is the one that provoked the actor who is going to use physical force against you. You can't use physical force if you were the initial aggressor unless you have clearly withdrawn from the encounter and communicated that you have withdrawn and the second person has continued to attack you. Now, the rules of using deadly force are even more strict than using just physical force. You are not allowed to use deadly force unless you reasonably believe that the other aggressor is in fact going to use deadly force against you and that is your option to prevent it being used against yourself. But even there, if you have the opportunity to avoid the situation entirely and retreat to safety, you have an obligation to do so before engaging in deadly force. However, you don't have a duty to withdraw if you are, one, in your own home or two, you reasonably believe that another person is attempting to commit a burglary or you believe that the aggressive third party who is bout to use deadly force is going to commit a kidnapping, a forcible rape, a forcible criminal sexual assault, or a robbery. Under those specific enumerated situations, you don't have a duty to retreat. How do we deal with Batman? I'm Batman. Well, number one, I don't think Batman is ever using regular physical force. He has been trained as basically a ninja. While he has a code that says he shouldn't kill someone, he has the kind of training that makes his actions, I think, deadly and, even though he doesn't try to kill people, I think it's clear that people die when he gets involved. We can disagree about whether his acts are on balance good for the city but the fact of the matter is they are illegal, at least under New York law. New York law does not look kindly on vigilantes. You can't just interject yourself into crime and pretend to be police. It just doesn't work that way. He would likely be on the hook as guilty for all of the hundreds of acts of physical assault that he has committed again the criminals of Gotham. (slamming noise) - [Joker] I'm gonna make this pencil disappear. Ta-da! - Cute magic trick, also first degree murder. - Enough from the clown! - (tuts smugly) Let's not blow this out of proportion. - Alright, threatening everyone with a jacket full of grenades. That's what we call a true threat. Sometimes you run into first amendment issues and whether you're allowed to say things to certain people. That's clearly not allowed here where you have what are presumably real grenades and threatening people with them. - Why so serious? - Alright, so there's some regular murder. - [Joker] Now, our operation is small but there is a lot of potential for aggressive expansion so which of you fine gentlemen would like to join our team? Oh, there's only one spot open right now so we're gonna have tryouts. - Arguably you could say that those people engaged in physical violence because of the duress from the Joker so I think the Joker's probably on the hook for two more counts of homicide. (tense music) I'm not sure what the equivalent of the FAA would be in Hong Kong but you're not allowed to go gliding around a city like that. That would be a violation of airspace, at least in New York City, I'm assuming Hong Kong probably has a similar thing. So when people go base jumping off of buildings, totally illegal, reckless endangerment and some sort of violation of aviation law. (shouting in foreign language) And there Batman just straight up kidnaps Lao, whatever the Hong Kong equivalent of kidnapping, I think that's probably what that man just engaged in. (tense music) Batman drops off Lao to Lieutenant Gordon. So the question is, can the police actually use evidence that they get from Lao because Batman illegally kidnapped him from an international country? Well, there is a doctrine that applies to governments that says, if the evidence is wrongfully obtained and you use that wrongfully obtained evidence to find more evidence down the line, that's called the fruit of the poisonous tree and often that is excluded at trial. But the thing is, Batman is not a police officer. Batman is a private party. So, while Batman may be liable and almost certainly is liable for the use of deadly force and for illegal kidnapping, the fruit of the poisonous tree doctrine doesn't apply because the police here were blameless. - 'Cause they get anything on you and those criminals are back on the streets, followed swiftly by you and me. - Alright, another act of murder by the Joker. Killing the Batman-like vigilante. - You see, this is how crazy Batman's made Gotham. You want order in Gotham, the Batman must take off his mask and turn himself in. Oh, and every day he doesn't, people will die. Starting tonight, I'm a man of my word. (maniacal laughter) - Alright, so the Joker there not only is he engaging in assault and homicide against this vigilante Batman wannabe, but he's also engaging in a terroristic threat against the government and people of Gotham itself. Under New York penal code section 490, a person is guilty of terrorism when they intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination, kidnapping, et cetera. Here the Joker is engaging in all of that. He's tryin' to get the police to stop working. He's trying to get Batman to stop chasing him and he is trying to terrorize the entire civilian population into disclosing the identity of Batman and to turn against Batman. So, I think that is a classic case of terrorism, of mass terror, and making a terroristic threat. (tense music) Alright, murder of the judge. Murder of the police chief. (tense music) - [Batman] They've come for him. - [Joker] We made it. - [Batman] Stay hidden. - And technically, Bruce Wayne has engaged in kidnapping of Harvey Dent by taking Harvey Dent away from the party against his will. - Got a little fight in you, I like that. - [Batman] Then you're gonna love me. (grunting) (shouting) - Again, because Batman doesn't have these justifications of self defense, he is not legally allowed to commit these acts of assault and battery even against the Joker's henchmen here. He had a duty to withdraw. Because he didn't, he's likely guilty of several dozen counts of battery. - Drop the gun. - Sure, you just take off your little mask and show us all who you really are. - Okay, here we have a clear loitering violation in addition to the normal things that constitute loitering, a person loiters when he or she is masked or disguised in an unnatural way or attire and remains or congregates in public so clearly Batman is violating the loitering statute here. - Let her go. - Very poor choice of words. (tense music) (woman screaming) - I still don't fully understand how Batman and Rachel survived that fall but nonetheless, still an attempted murder by the Joker. And I think that probably constitutes the unpermitted use of indoor pyrotechnics or firearms which is a class E felony in New York. Even for the purposes of wannabe detective work. (glass shattering) (tense music) (grunting) - And obviously Batman's gonna beat the crap out of some of these bodyguards, still counts as breaking and entering. Even though Lao's guards are using deadly force against Batman, that probably doesn't give him justification for him to use deadly force or close to deadly force against them. He has a duty to withdraw, not breaking into the building for the purpose of arresting these people. - I want the Joker. - From one professional to another, if you're trying to scare somebody, pick a better spot. From this height, fall wouldn't kill me. - I'm counting on it. (male scream) - Yeah, ouch. - [Batman] Where is he? - I don't know where he is. - Alright, so obviously Batman is engaging in assault and battery against this mobster. New York does not have a specific offense called torture, that would just simply fall under the regular rubric of battery and assault and it would simply be enhanced based on all of the factors that went into it, Batman's ferocity with which he beat the crap outta this mobster for the purpose of information. California, on the other hand, does have a specific crime called torture which is found when an individual inflicts great bodily injury with the intent to cause cruel or extreme pain for the purposes of revenge, extortion, persuasion, or sadism. So, the end result here would be, probably exactly the same I just find it particularly interesting that one state has an actual offense called torture while New York does not. (horns blaring) - The hell was that? (gunshots) - Alright, using cars and trucks as a deadly weapon clearly qualifies as aggravated vehicular assault and attempted aggravated vehicular homicide. When you attack a police officer, it almost always enhances the crime which carries with it a very, very severe penalty. (whirring) (explosions booming) Alright, Batman is driving his Batcycle around Gotham destroying lots of different cars, probably guilty of reckless endangerment of property. Someone who's guilty of reckless endangerment of property when they engage in reckless conduct which creates a substantial risk to damaging the property of other people. Here Batman is driving a motorcycle which is not licensed, which is in no way street legal and is just destroying cars left and right. (phone trilling) - Is that a phone? (explosion booming) - Alright, so, in addition to all of the dozens or so aggravated murders that the Joker has just done by killing a bunch of police officers, he has also engaged in a violation of section 195 of the penal code which is to obstruct a government function by use of a bomb. There is a specific provision that prevents you from using or threatening to use a bomb against the government. It definitely applies there. - [Joker] If Coleman Reese isn't dead in 60 minutes, then I blow up a hospital. - So, in addition to aiding and abetting the homicide of this person who's going to demask batman, it also probably qualifies as criminal anarchy and inciting to riot under section 240 of the New York penal code. The Joker is just trying to create pandemonium and there are rules against doing that, not surprisingly. - Beautiful. Unethical. Dangerous. You've turned every cell phone in Gotham into a microphone. - [Batman] And a high frequency generator receiver. - You took my sonar concept, and applied it to every phone in the city. With half the city feeding you sonar, you can image all of Gotham. This is wrong. - Alright, Lucius Fox is 100% right that everything Batman is doing here is inappropriate, constitutes a number of different computer crimes under section 156 of the New York penal code including the unauthorized use of a computer, computer trespass, computer tampering, wiretapping, invasion of privacy. There is really no end to how illegal this particular tactic of Batman is. Basically by hacking everyone's phones, he just engaged in 30 million different felony computer crimes. - [Joker] At midnight, I blow you all up. If, however, one of you presses the button, I'll let that boat live. So, who's it gonna be. Harvey Dent's most wanted scumbag collection or the sweet and innocent civilians? You choose. - Alright, so obviously this probably constitutes a number of attempted homicides but I think it also probably constitutes rioting or incitement to riot under section 240 of the New York penal code. (jazzy upbeat music) Alright, that's The Dark knight. Batman and the Joker giving each other a run for their money in terms of who can commit the most number of crimes. But now it's time for a verdict. How long are they going to jail? We'll start with the Joker. There are a lot of crimes. So many crimes. Murder, murder, straight up murder, murder. I won't beat a dead horse, but murder, murder. - Why so serious? - There's so many crimes I'm going to have to combine different crimes into buckets here. In the assault bucket which includes aggravated vehicular assault, the Joker engaged in approximately 65 counts, each carrying a penalty of three to 15 years in prison. Given the violence and severity of the crimes, I'll assume that he would get the maximum sentence for each for a total of 975 years. Now, given all the people on the ferries, the Joker committed approximately 400 counts of attempted murder at 25 years each, that's 10,000 years in jail. Five counts of terrorism and criminal anarchy for 125 years in jail. 35 counts of first degree felony and aggravated murder for 35 life sentences. So, if all of these sentences ran concurrently, the Joker would serve approximately 35 life sentences and 12,000 years in jail. - I want my phone call (clanking metal bars) - Now let's talk about Batman. Assuming self defense doesn't apply, which it probably doesn't, and assuming the sentences run concurrently, Batman assaulted approximately 50 henchmen, bodyguards and regular people for conservatively 150 years in jail. Destruction of property, kidnapping, and torture for approximately 45 years in jail and of course 30 million counts of computer trespass and tampering and wire tapping for roughly 60 million years in jail. Huh, that is a long time in Arkham. - You either die a hero or you live long enough to see yourself become the villain. - I know Batman is supposed to be the good guy, but I was really creeped out when he hacked everyone's phones. - Unethical. Dangerous. - The people of Gotham really could've used Dashlane, Dashlane protects your identity across the internet by providing a tool that generates strong passwords, stores and autofills them securely everywhere on the internet, seamlessly across all of your devices. Even across laptops and mobile devices running different operating systems and different browsers so even Batman can't steal your password. - I'm considering it. - It's also a VPN which acts as an intermediary to make sure that all of your internet traffic is encrypted, even when you're on public WiFi. Try Dashlane free for 30 days at the link below. Legal Eagles will get 10% off of Dashlane premium by using the promo code at checkout. So, click on the link and prevent hacks because the Batmans and Jokers of the world are out there. - You're garbage. - Do you agree? Leave your objections in the comments and check out this playlist I put together that includes all of my other laws broken videos. So, click on the playlist and I'll see you in court.
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Channel: LegalEagle
Views: 2,082,620
Rating: 4.9036446 out of 5
Keywords: Legaleagle, legal eagle, legal analysis, big law, lsat, personal injury lawyer, supreme court, law firm, law school, law and order, lawyers, lawyer reacts, ace attorney, lawyer, attorney, trial, court, fair use, reaction, law, legal, judge, suits, objection, breakdown, real lawyer, laws broken, illegal, breaking the law, broken laws, dark knight, the dark knight, batman, heath ledger, joker, christian bale, harvey dent, christopher nolan, gotham
Id: nyHn8y6rchk
Channel Id: undefined
Length: 24min 0sec (1440 seconds)
Published: Thu Mar 28 2019
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