How can Superheroes be deputized?

[starblaze]

Hi,

 

I am presently running my game in San Fransisco, CA and I have considered having my characters become deputized by a locally friendly F.B.I. agent. I was wondering legally how this is actually done and what a deputized individual could with his newly acquired position.

 

Can anyone give me some information on be made into a deputy?

[Wanderer]

Re: How can Superheroes be deputized?

 

Hi,

 

I am presently running my game in San Fransisco, CA and I have considered having my characters become deputized by a locally friendly F.B.I. agent. I was wondering legally how this is actually done and what a deputized individual could with his newly acquired position.

 

Can anyone give me some information on be made into a deputy?

 

Well, I'm not familiar with RL U.S. laws, but I guess that in Hero terms, the characters should be given both the Perks Federal/National Police Powers (3) and Law Enforcement Membership: F.B.I. Special Agent (3). If this would be on a temporary basis, they would not need pay them with characters points, since the Perks would simply be a plot hook. I think they would able to do pretty much a regular agent could do: perform arrests, request assistance, etc. Characters would likely gain the Disadvantages: Subject to Orders and/or Hunted (FBI): Watching: 11- or 14- (as temporary agents, they would be given much less trust and supervised more closely by their liason and his superiors).

 

Of course, if the story leads the characters to become full-fledged federal super-agents on a permanent basis, then characters should pay for the package, which then would also likely include a salary (Money) (2-5) and a Security Clearance (3-5), as well as one or both of the above Disadvs (even if the frequency of the Watched would then be 8-, or 11- at most).

 

We have been discussing a similar topic on

 

http://www.herogames.com/forums/showthread.php?t=40900

[Dino]

Re: How can Superheroes be deputized?

 

First off, in the real world, an FBI agent dosen't have the power to deputize anyone. The director of the FBI can probably make someone an agent regardless of qualifications but probably woundn't as the FBI prides itself on it's training and hireing standards.

 

This is not to say that in a superhero world, the FBI couldn't be given the responsability of "sanctioning" superheroes, in which case the PCs would likely have the same powers and responsabilities of any federal agent.

 

If you want a classic "I'll just deputize you and now all your law enforcement actions will be legitamized" kind of situation, then you want a Sheriff or at the federal level a US Marshall. Both historically, have had the power to call upon any able bodied person(s) to keep the peace and enforce the laws of the land. The Marshalls service in particular has a history of appointing "special deputies" to take care of problems not adequately covered by regular law enforcement agencies (think Wyatt Errp going after the Cowboys in the movie Tombstone).

[BoneDaddy]

Re: How can Superheroes be deputized?

 

They can't be deputized. According to the holding in Garciarivera v. L.A. Defenders, the use of superpowers in a policing capacity is a violation of the 8th Amendment. While not necessarily cruel, they are by definition unusual. Additionally, it was held in Jones v. State that the average citizen has a reasonable expectation of privacy within their own mind, rendering most state sanctioned uses of mental powers for investigative purposes illegal under the fourth and fifth amendments.

 

At least, that's my take on it. I think the ACLU would be the Brotherhood of Evil Mutants' most bestest friend ever.

[Victim]

Re: How can Superheroes be deputized?

 

I'd think that the 8th Amendment would only cover sentencing, and not the means used to capture people so they can be tried. Otherwise you have the strange situation that the state is inflicting punishment upon people that haven't been tried yet. But I'm not a lawyer.

 

Mental powers might also be prohibted on the grounds that they result in someone bearing witness against themself.

[TaxiMan]

Re: How can Superheroes be deputized?

 

Isn't it "cruel and unusual", not "cruel or unusual"? I don't know, my memory says the former. In that case, even if we're talking about sentencing, you can be unusual if you're not cruel - and vice versa.