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Superpowers and the Law


SSgt Baloo

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Inspired by this thread, I'm interested in finding out how the law in your campaigns have accommodated superpowers.

 

to give an example, in one of my campaigns, flying supers were regulated much like ultralight aircraft. They were, with few exceptions, restricted to no more than 5,000 feet AGL (Above Ground Level). They were not permitted to fly at night (once again, there were exceptions, f'rinstance in Alaska, they were required to wear safety lighting when flying in twilight conditions). Restricted airspace was surrounded by no-fly-zones which were marked by special beacons similar to the landing systems used for carrier landings: the closer you were, the lower the altitude you were permitted to fly.

 

In most of my campaigns, the secret identity of the accused was protected prior to conviction. Once convicted, a defendant's secret ID could be revealed, but only if specified during sentencing. In some cases, the Secret ID of a conbvicted criminal could remain protected if certain government agencies could guarantee continued good behavior.

 

What kinds of legal precedents were set in your own super-settings?

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Re: Superpowers and the Law

 

I tend to just go with making crimes committed with superpowers an aggravated category. Smacking someone is assualt - shooting someone with eyebeams is aggravated assault, and so forth. I do note that things like "vigilantism" and "creating a public hazard" are crimes in some areas.

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Re: Superpowers and the Law

 

I have a sort of tiered system.

 

Government Sponsored Supers operate under the OSI or other government and law enforcement agencies. OSI Supers are effectively FBI agents in terms of their law enforcement powers. Their use of force guidelines are pretty much identical.

 

Generally, anything that would be unlawful using normal means is unlawful using Powers; anything legal is still legal.

 

Special cases, such as mind control, are treated as if the victim had been coerced through normal means, if the attack can be proved. Court appointed telepaths are part of the setting, requiring a special search warrant and in some cases the consent on the subject. Their testimony is given the same weight as that of any other expert witness.

 

Supers who are private citizens don't gain or lose any rights. If you use deadly force, you need to justify it in the eyes of the law whether it's a gun, a knife, or lasers that shoot out of your eyes. However, the courts tend to look favorably on Supers that cooperate with the law. Some pressure may be brought to bear to try to get them to sign up with the OSI, municipal Super Teams or other government agencies, but otherwise they're generally encouraged.

 

If you want to use your Super Name and costume in contract and legal situations without revealing your identity, you can apply for a Fictitious Name License just like any other company through the OSI. The OSI will keep your real name and contact information as private as they can (as with other confidential information), and in exchange you can sign legal contracts and give testimony under your Super name and in costume. OSI Supers and other Government Supers get better protection for Secret IDs, on the same level as undercover police officers or CIA agents. Additionally, OSI Supers can't be sued as individuals for actions committed as part of their duties unless the OSI approves the law suit.

 

Some Supers who don't trust the government of course ignore all of this and adventure without revealing anything to anyone. If they commit crimes (or are suspected of crimes) while adventuring, they are brought in as per any other suspect. Many will plea bargain and accept Public Service on an OSI or Municipal Super Team to avoid fines, lawsuits and jail time. Some non-violent Super Criminals are also given the chance to change costumes and serve on Super Teams rather than face jail time.

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Re: Superpowers and the Law

 

We start from Chapter Two of fourth edition Dark Champions. Makes it simple. ;)

 

The Good Samaritan laws have real teeth; you almost can't be sued if your helping someone, even if you goof. Only if "a reasonable person" would know you were really doing dumb.

 

A jury can demand to here or see any evidence the judge barred them from seeing or hearing. A jury has the right to know everything brought up as evidence.

 

"Not guilty by reason of insanity" means the defendant is unable to take care of himself at all, and must be PERMANENTLY put in a "home" for dangerous crazies. No "temporary insanity," no "cannot conform actions to the law," none of that. He's either too crazy to take care of himself at all, ever, or he's sane enough to take the punishment.

 

"What is sapient?" --- thumbnail definition: if it can debate the question, it is sapient.

 

Others if I think of them.

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Re: Superpowers and the Law

 

We start from Chapter Two of fourth edition Dark Champions. Makes it simple. ;)

 

The Good Samaritan laws have real teeth; you almost can't be sued if your helping someone, even if you goof. Only if "a reasonable person" would know you were really doing dumb.

 

A jury can demand to here or see any evidence the judge barred them from seeing or hearing. A jury has the right to know everything brought up as evidence.

 

"Not guilty by reason of insanity" means the defendant is unable to take care of himself at all, and must be PERMANENTLY put in a "home" for dangerous crazies. No "temporary insanity," no "cannot conform actions to the law," none of that. He's either too crazy to take care of himself at all, ever, or he's sane enough to take the punishment.

 

"What is sapient?" --- thumbnail definition: if it can debate the question, it is sapient.

 

Others if I think of them.

 

Nice...One of my "game world" laws is established precident "Any attack on a known superbeing is not assault" Spider-dude and claw master "acidentally tangle?" No harm, no foul. See a costumed freak, panic and shoot? Who cares? Viper pushed this case through, under the cover of Pro Bono defence of a beloved super.(Of course a crooked DA and a frame up were involved as well ;))....Mercinary Supers hide behind this one like crazy....

 

In general, there are only two penaltys for Super powered crime, a slap on the wrist, and life with out parole. Stronghold can safely hold most anyone, but letting someone out is just too dangerous, so they only accept lifers. On a 'benefit to society note, there is a Government program, usually called Project second chance, that researches super powers and runs a "suicide squad" like set of teams, considering the options, they get a lot of volunteers.

 

Of course if you can be held in a less than "super" facility, then a limited term is possable.... (like say Utility...)

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Re: Superpowers and the Law

 

Nice...One of my "game world" laws is established precident "Any attack on a known superbeing is not assault" Spider-dude and claw master "acidentally tangle?" No harm' date=' no foul. See a costumed freak, panic and shoot? Who cares? Viper pushed this case through, under the cover of Pro Bono defence of a beloved super.(Of course a crooked DA and a frame up were involved as well ;))....Mercinary Supers hide behind this one like crazy....[/quote']

That's just asking for trouble.

:sneaky:

:thumbup:

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  • 2 weeks later...

Re: Superpowers and the Law

 

I am a Special Educator, and one interesting law aspect that I considered was super-kids.

 

Under current law, you cannot deny a child education because of their difference from the general population. Every reasonable accommodation to teach them in the 'least restrictive environment', defined as 'as close to the regular classroom as possible'. It also states that kids with unique learning needs are to be given special curriculum to support those needs, regardless of whether those needs are a 'disability', being 'gifted', a 'medical condition' or anything. If your kid is diabetic, the school has to help teach them to do the testing and so on.

 

It also makes NO provision about the safety of other students. If a kid has a dangerous infectious disease that causes unique learning needs; they have to have every attempt to teach them in a normal school environment... and if that fails, the school needs to send teachers to their hospital/whatever.

 

That means, under current law, that if your kid developed superpowers:

A) The districts would be obligated to continue to teach them in the regular educational environment if at all possible

B) The schools might be responsible for teaching kids to safely use/deal with/control their super-powers

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Re: Superpowers and the Law

 

I am a Special Educator' date=' and one interesting law aspect that I considered was super-kids.[/quote']

 

Now that's why I like this forum. You get answers to questions you didn't even know you should have asked! Brilliant! Naanomi, I'd rep you, but I'm still out from yesterday. Would someone else be so kind...?

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Re: Superpowers and the Law

 

Under current law, you cannot deny a child education because of their difference from the general population. ...

 

It also makes NO provision about the safety of other students.

 

I wouldexpect that to change in a world with super powers.

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Re: Superpowers and the Law

 

Without major overhauls to the Americans with Disabilities act (section 504), Educational Law (IDEA revised) and Veteran's Benefits (ADA 504 again) the worst that could happen is that Super-Kids would have to go to a 'special school' federally funded... like Aggressive/Behavioral kids currently do. Even then it would be against FAPE laws (Free Appropriate Public Education) until the law changed or people started getting hurt (on a kid by kid basis).

 

I've worked with kids with very contagious very dangerous diseases in the public schools though... hard to imagine how different superhero kids would have to be handled than that.

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Re: Superpowers and the Law

 

I am a Special Educator, and one interesting law aspect that I considered was super-kids.

 

Under current law, you cannot deny a child education because of their difference from the general population. Every reasonable accommodation to teach them in the 'least restrictive environment', defined as 'as close to the regular classroom as possible'. It also states that kids with unique learning needs are to be given special curriculum to support those needs, regardless of whether those needs are a 'disability', being 'gifted', a 'medical condition' or anything. If your kid is diabetic, the school has to help teach them to do the testing and so on.

 

I've used this as part of my Teen Champions setting. It's a town that has a "mutant cluster" (thanks to some illegal dumping by a now-closed supervillain base). A few decades back, some families sued the school system for trying to make obviously powered students get homeschooled. The families won the suit and there's now a public highschool that mainstreams kids with powers. They don't provide superhero vocational training, just whatever's necessary to allow the kids to sit through class without causing a disruption. (I have some of my early notes here: http://foxvalley.pbworks.com/ )

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Re: Superpowers and the Law

 

Telepaths may only testify in court about things they learned through their gift when called as an expert witness to verify or refute a non compos mentis defense. Telepaths may only reveal what they learn through their powers when given permission by the person or when exigent circumstances apply.

 

The use of psychic powers to make investment decisions is considered to be a form of inside trading. Persons possessing extrasensory perceptions which might violate this regulation may only invest in stocks or commodities via blind trusts. They may not offer investment advice to others

 

Persons possessing the power of flight are to respect the no-fly zones of airports the same way helicopters must.

 

Persons claiming to possess the power of healing may only accept payment for the use of their powers when they are either a licensed physician, or are operating under the supervision of a licensed physician.

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Re: Superpowers and the Law

 

Persons claiming to possess the power of healing may only accept payment for the use of their powers when they are either a licensed physician, or are operating under the supervision of a licensed physician.

 

Alternative Medicine laws would cover super-healing as well as it would acupuncture, healing touch, naturopathy, and the like... even get insurance to cover that!

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Re: Superpowers and the Law

 

I actually had to go to great lengths on this one.

The mayor of the city is an ex-super hero who has developed his own method of distinguishing the heroes using a number of very hi-tech gadgetry. Using his own political power, he's been able to incorporate that into the local laws of the city, so the heroes can use his tech to ID themselves for law purposes.

It's not 100% real, but I feel better than making them unmask themselves or such.

Granted, there are a few who don't even want this much, and work outside the law, but it's hard to make a "real arrest."

Another reason why it's not a horrible idea to have a public identity anyway...

 

-SC

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Re: Superpowers and the Law

 

I actually had to go to great lengths on this one.

The mayor of the city is an ex-super hero who has developed his own method of distinguishing the heroes using a number of very hi-tech gadgetry. Using his own political power, he's been able to incorporate that into the local laws of the city, so the heroes can use his tech to ID themselves for law purposes.

It's not 100% real, but I feel better than making them unmask themselves or such.

Granted, there are a few who don't even want this much, and work outside the law, but it's hard to make a "real arrest."

Another reason why it's not a horrible idea to have a public identity anyway...

 

-SC

 

Yeah, I use a Federal agency for the same reasons, basicly you can register your "super" persona the same way a corperation can be a legal "person". It lets you pay taxes, buy insurance etc...and the recognotion equipment is recognised by the courts, so you can testify.

 

As for arrests, well those are citizen arrests of course, legal authority cost points!

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Re: Superpowers and the Law

 

Oh, one thing that I forgot to mention (and it has been a driving force of some games) is that you can "purchase" an independant metahuman licence from the government, but it is pricey and you have to do a lot of really painfully buerocratic things (i.e. quarterly evals, govt people coming by to hassle, etc). Our group has one, and it's actually so expensive, it forces them to do side jobs (mostly PI sort of things) to be able to pay the bills.

 

-SC

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