Karmakaze Posted June 13, 2007 Report Share Posted June 13, 2007 I was doing some casual worldbuilding based on regulated superheroes. I was trying to come up with a standard warning required by licensed metahumans before using their powers in a way that directly affects another person. I was thinking of something along the lines of the Miranda Rights card. Something like "I am required by law to inform you that I am a metahuman. If you wish to surrender, you will be remanded into police custody..." It needs to be short enough that someone could conceivably monologue it early in a fight. Any of our lawyers (or even IANAL's) out there have suggestions? Quote Link to comment Share on other sites More sharing options...
Pariah Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Something like "I am required by law to inform you that I am a metahuman. If you wish to surrender' date=' you will be remanded into police custody..."[/quote'] That sounds pretty good to me. Short, descriptive, unambiguous, and to the point. Of course, several of my characters (Jack Diamond, Morningstar, ColdFire, et. al.) would follow up that statement with something like, "...if not, you will be remanded into the custody of a good trauma surgeon once we're finished." Quote Link to comment Share on other sites More sharing options...
Karmakaze Posted June 13, 2007 Author Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Something in there needs to disclaim that the speaker is authorized to use, um, "metahuman force levels" or "all relevant abilities" in order to apprehend the lawbreaker. I was thinking there might also need to be a version for rescues, in case potential rescuees would rather find their own way out of the burning building rather than be carried out by Captain Radiation. Quote Link to comment Share on other sites More sharing options...
Cancer Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers How about "I am required by law to inform you that I am a metahuman. If you wish to surrender, you will be remanded into police custody. I am authorized to use all force at my disposal to prevent intended or unintended bodily harm to other persons, up to and including the use of superhuman abilities against suspected perpetrators or potential perpetrators of violence and to effect rescues of any and all persons in situations of life-threatening hazard." Over the top, but with some practice one could get the radio-disclaimer-guy's speed with it and have that out in four seconds. Quote Link to comment Share on other sites More sharing options...
薔薇語 Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers "Cease current activities or I will beforced to utilize meta level abilities to stop you, in the prasuit of civil obedience!" or my person fav if your an energy projector "Stop or I will be..." Zapp, suspect captured, and if your lucky he doesn't have enough brain cells left to remember whether or not you read him his rights. La Rose Quote Link to comment Share on other sites More sharing options...
sinanju Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers I always liked Robocop's approach: "Surrender or there will be....trouble." Quote Link to comment Share on other sites More sharing options...
Karmakaze Posted June 13, 2007 Author Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Hm. How is... "I am required by law to inform you that I possess metahuman abilities and am authorized to use them to protect persons and property..." Quote Link to comment Share on other sites More sharing options...
CourtFool Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Police have to identify themselves as police, right? Do they have to identify that they are authorized to use lethal force? "I am a sanctioned metahuman and I am authorized to use lethal force to protect persons and property." Quote Link to comment Share on other sites More sharing options...
Karmakaze Posted June 13, 2007 Author Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Police have to identify themselves as police' date=' right? Do they have to identify that they are authorized to use lethal force?[/quote'] I'm not sure (maybe someone with more law enforcement can answer), but I think, at least in some jurisdictions, the police have to issue some sort of warning before they fire a gun at a person. Quote Link to comment Share on other sites More sharing options...
Cancer Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Is deadly force authorized for police strictly in defense of only property? I didn't think that was the case in RL, but I'm fuzzy on that. Quote Link to comment Share on other sites More sharing options...
CourtFool Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Yeah, I am not sure about that either. Quote Link to comment Share on other sites More sharing options...
Karmakaze Posted June 13, 2007 Author Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Although, technically, superpowers need not be lethal force. All you can do with a gun is shoot someone with it. Superpowers have a lot more possibility of stunning attacks, or entangles or the like. Quote Link to comment Share on other sites More sharing options...
CourtFool Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Mind Control, "Cease your criminal activities." Quote Link to comment Share on other sites More sharing options...
sinanju Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers I'm not sure (maybe someone with more law enforcement can answer)' date=' but I think, at least in some jurisdictions, the police have to issue some sort of warning before they fire a gun at a person.[/quote'] At least in this area, that's not true. A friend of mine is a sheriff's deputy and works on (and trains) the CERT (corrections SWAT) team. He also teaches the "use of force" class to local police. If I understood him correctly, there is no requirement to give a warning before they fire a gun. A verbal command comes much earlier on the force continuum than using lethal force--but if lethal force (or any other level of force) is required by the situation, that's what you use. You do NOT have to work your way up the continuum step-by-step. You want to use as little as necessary, but not LESS than necessary--if a given level of force is justifably necessary, you use it. Political policies, of course, may vary from place to place and time to time. (As he wrote recently, politics even affects SWAT operations. It shouldn't, but it does.) Quote Link to comment Share on other sites More sharing options...
Wanderer Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Being an European, I'm not that much familiar with U.S. law, but I'll shoot "I'm a metahuman crime and terrorism prevention officer. Surrender and follow me peacefully. I am empowered to use lethal force and all relevant paranormal abilities to protect the innocent and public safety. You have been warned." Quote Link to comment Share on other sites More sharing options...
Certified Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers "I am registered under the MCPA, cease and desist your activities now. MCPA: Metahuman Crime Prevention Act, a place holder for insert acronym here. The idea was to go for short and sweet and ignorance of the law is not exemption from the law. Quote Link to comment Share on other sites More sharing options...
Logan D. Hurricanes Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers Police have to identify themselves as police, right? Do they have to identify that they are authorized to use lethal force? "I am a sanctioned metahuman and I am authorized to use lethal force to protect persons and property." I would use this with a couple minor adjustments: "I am a sanctioned metahuman officer and I am authorized to use extreme force to protect the public trust." Quote Link to comment Share on other sites More sharing options...
Force Posted June 13, 2007 Report Share Posted June 13, 2007 Re: Superhero Legal Disclaimers I'm not sure (maybe someone with more law enforcement can answer)' date=' but I think, at least in some jurisdictions, the police have to issue some sort of warning before they fire a gun at a person.[/quote'] Incorrect. The officer doesn't even need to identify himself. It usually happens, but it's not required by law. Some departments might have some ass backwards policy, but doubtful. Quote Link to comment Share on other sites More sharing options...
CaptainGoldfish Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers Incorrect. The officer doesn't even need to identify himself. It usually happens, but it's not required by law. Some departments might have some ass backwards policy, but doubtful. Force is correct. Officers do not need to say and or do anything to take "action," if it puts them and or others at risk. The official warning is pretty much universal, if given at all (Insert Agency Here), don't move. Police, don't move. Stating who you are gets rid of any need to talk all the legal nonsense. You never as an officer have to explain that you are empowered by the government to take action or what have you. You are the police and have stated so. A "reasonable" person knows what police can do as far as arrest, use of force, etc. This removes the need to cite Criminal Procedure Law of the particular state or the Federal Government when you take police action. Part two, don't move, is stated because that is it, game over they are going into custody. The verbal warning is to hopefully give them the chance to comply and go peacefully. So in a nutshell for a "disclaimer" my suggestion is to keep it short and sweet. Who you are, and what you want. In your most heroic voice "Bureau of Metahuman Affairs, I'm taking you into custody." Quote Link to comment Share on other sites More sharing options...
Comic Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers "METAPOL! When you regain consciousness, don't try to move." Quote Link to comment Share on other sites More sharing options...
Kari Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers How about the Riggs method:You have a right to be unconcius... Quote Link to comment Share on other sites More sharing options...
Lord Mhoram Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers That sounds pretty good to me. Short, descriptive, unambiguous, and to the point. Of course, several of my characters (Jack Diamond, Morningstar, ColdFire, et. al.) would follow up that statement with something like, "...if not, you will be remanded into the custody of a good trauma surgeon once we're finished." And you aren't even the nastiest on the teams, usually. Quote Link to comment Share on other sites More sharing options...
Greywind Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers "You have the right to a coroner. In the event a coroner is unavailable, a county medical examiner will be assigned to your remains..." Quote Link to comment Share on other sites More sharing options...
Karmakaze Posted June 14, 2007 Author Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers Part of what I was thinking is that the warning is not for active law enforcement personnel, who would have their own requirements. (And it could well be that being in uniform with the right logo would be sufficient notification.) I was thinking the legal declamation would be required for metahumans who stayed civilians but wind up in situations where they would want to perform a citizen's arrest. Quote Link to comment Share on other sites More sharing options...
Pariah Posted June 14, 2007 Report Share Posted June 14, 2007 Re: Superhero Legal Disclaimers How about this: "I am _______, and I'm placing you under citizen's arrest. I have metahuman abilities, and I will use them to prevent you from committing any further criminal actions. Surrender, and you will be remanded into police custody without further incident." Quote Link to comment Share on other sites More sharing options...
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