[OOC] Create-A-Hero: A Superhero RPG (Closed)

[Dedonus]

@Dedonus So you think the defense would want/require any of the heroes involved to take the stand? You mentioned how he kidnapped some of those currently involved in the arc and that could be an interesting talking point, might even create some dissolution between the public and the metahumans.

@fdeviant

The accused has the right to face those who accused them. The problem is that some of the heroes would not want to be cross examined by the defense. They would have to be present in their civilian identities and the defense could easily out them for being metahumans. And even if onky Kelly testifies because her metahuman status is public knowledge (because of a youtube video from earlier in this game), the defense could still ask her. And if they plead the 5th, then I think the jury has to ignore their entire testimony. I could be wrong on that last part, so don't take my word for it.

[Fallenreaper]

<Snipped quote by fdeviant>

The accused has the right to face those who accused them. The problem is that some of the heroes would not want to be cross examined by the defense. They would have to be present in their civilian identities and the defense could easily out them for being metahumans. And even if onky Kelly testifies because her metahuman status is public knowledge (because of a youtube video from earlier in this game), the defense could still ask her. And if they plead the 5th, then I think the jury has to ignore their entire testimony. I could be wrong on that last part, so don't take my word for it.

@Dedonus

Couldn't the fact, in cases as they have made enemies or I assume, arise that outing their indenties puts them at high risk? Not sure but I think there's ways around that which allows witnesses to be anyonmous.

[VATROU]

@Dedonus Maybe in season 2 we should start working on the political fallout for allowing a man like Dr. Dilpodoc to get off easy. Even with terrorism charges he may still have a strong defense and a good lawyer to smooth things over and get off with minimal time served. The Government and STRIKE could have a plot line about tighter and more laws to punish and safeguard their heroes.

[fdeviant]

@Dedonus Maybe in season 2 we should start working on the political fallout for allowing a man like Dr. Dilpodoc to get off easy. Even with terrorism charges he may still have a strong defense and a good lawyer to smooth things over and get off with minimal time served. The Government and STRIKE could have a plot line about tighter and more laws to punish and safeguard their heroes.

@VATROU

Not to mention the power of his subordinates. He has both magical and meta helpers and I doubt they'll remain in custody, if all of them were even taken captive at all.

[Dedonus]

<Snipped quote by Dedonus>

Couldn't the fact, in cases as they have made enemies or I assume, arise that outing their indenties puts them at high risk? Not sure but I think there's ways around that which allows witnesses to be anyonmous.

@Fallenreaper

6th Amendment gives the accused the right to confront witnesses.

avvo.com/legal-answers/can-witnesses-o..

lawandthemultiverse.com/2011/01/03/cos..

The only way out would be having an amendment similar to the DC's 12th amendment, which would allow the heroes to be dressed in costume and not answer questions about their civilian identities.

[fdeviant]

@Dedonus
If we're talking legal repercussions for Diplodoc, I assume that will translate into the legality of metahuman/general super activity? It is technically vigilantism and while they are the only individuals equipped to deal with certain threats, they aren't always quiet about it. Maybe a Sokovia Accords type document comes into play at some point, or a council or set of teams sort of like the Justice League?

Also, because I don't know, what is the exact functionality of S.T.R.I.K.E.? I don't remember what it stands for or exactly what they do, lol. I imagine they're pretty much S.H.I.E.L.D. and I'm sure that's how they've been described in the OOC, but I wanted to be sure. And if that is what they are, maybe after Diplodoc's rampage STRIKE is given more funding or leeway to deal with things like this?

Just spit balling.

[VATROU]

I know between the masses of new Metas, the Schools/Institutions retrofitted to house and keep them more or less segregated from the general public as a cure is mass produced and to ensure they don't wreck havoc on the people as they likely can't control their powers.

And the loss of public trust as people will begin to wonder what the heroes have been doing as they'll argue even dispute evidence to the contrary the heroes should have saw this coming or something. Like they're some omnipotent things.

There's going to be people, senators, lawmakers, and anyone involved in politics trying to spin this situation into something favorable to them and their agendas. Like Sampson. If he has his way Heroes would have to go through proper channels before arrests can be made or villains can just walk due to evidence tampering and whatnot. Anything to make a Hero's life difficult.

[nitemare shape]

Wow, took a minute to find the game...thanks to the mass amount of forum spamming going on...

[Fallenreaper]

Wow, took a minute to find the game...thanks to the mass amount of forum spamming going on...

@nitemare shape

That bad?

[nitemare shape]

Yup

[Hound55]

One of these days I'll post twice a month.

@FacePunch

What are you doing?!? Are you trying to show me up!?!

[Hound55]

I was thinking about the legal fallout of the Pax event and I was wondering what charges could be brought on Doctor Diplodoc. Disturbing the peace would be one obvious charge since it is broad. However, it only has a max of a couple years. Kidnapping charges could be brought from previous story arcs (Zac, Kelly, Aubrey, and Veronica), but the victims might have to come out about developing powers. What others charges could be filed?

_{Darn you Law & Order binge watching}

@Dedonus

Littering. Leaving those damned devices in cities from coast to coast...

[Dedonus]

Wow, took a minute to find the game...thanks to the mass amount of forum spamming going on...

@nitemare shape

Aren't you subscribed to your own roleplay?

[Hound55]

<Snipped quote by fdeviant>

The accused has the right to face those who accused them. The problem is that some of the heroes would not want to be cross examined by the defense. They would have to be present in their civilian identities and the defense could easily out them for being metahumans. And even if onky Kelly testifies because her metahuman status is public knowledge (because of a youtube video from earlier in this game), the defense could still ask her. And if they plead the 5th, then I think the jury has to ignore their entire testimony. I could be wrong on that last part, so don't take my word for it.

@Dedonus

You don't ignore when someone pleads the 5th. Obviously its borderline prejudicial to the jury in terms of how they view it... but it shouldn't be technically. The 5th is just there so people can testify without incriminating themselves. From a logical perspective it doesn't taint testimony... from an emotional sense it absolutely does. And it's a legal trick for lawyers (on either side of the bench if it suits their case) to prod witnesses into taking the 5th (if possible repeatedly to belabour the point) in order to knock 'em out the box.

...I like my legal fiction (traces of which will likely come up in future seasons).

[Dedonus]

<Snipped quote by Dedonus>

You don't ignore when someone pleads the 5th. Obviously its borderline prejudicial to the jury in terms of how they view it... but it shouldn't be technically. The 5th is just there so people can testify without incriminating themselves. From a logical perspective it doesn't taint testimony... from an emotional sense it absolutely does. And it's a legal trick for lawyers (on either side of the bench if it suits their case) to prod witnesses into taking the 5th (if possible repeatedly to belabour the point) in order to knock 'em out the box.

...I like my legal fiction (traces of which will likely come up in future seasons).

@Hound55

I know that Law & Order is only a television show, but I remember a show where a witness answered a few questions and then pled the 5th. Then the judge told the jury to disregard his whole testimony, even the parts he did not pled the 5th.

[Hound55]

<Snipped quote by Dedonus>

Couldn't the fact, in cases as they have made enemies or I assume, arise that outing their indenties puts them at high risk? Not sure but I think there's ways around that which allows witnesses to be anyonmous.

@Fallenreaper

Could be an agreement to leave identities out of it made prior to trial and deal with the issue in another subtle way...

To take things back to the 5th...

"Now, sir, are you now, or have you ever been known as the masked vigilante... uhh... Vigilante?"
*In full costume* "I choose to invoke my 5th amendment rights."

That would work nicely, to kind of read-between-the-lines for everyone in the court room and would make for a kind of cool moment.

[Hound55]

<Snipped quote by Hound55>

I know that Law & Order is only a television show, but I remember a show where a witness answered a few questions and then pled the 5th. Then the judge told the jury to disregard his whole testimony, even the parts he did not pled the 5th.

@Dedonus

If in the process he'd also perjured himself (and in some other occasions - such as self-incrimination of a crime they've already been charged with) then yes.

Because then it would be prejudicial.

If it's something that a lawyer can draw a string to which they haven't yet been charged with, it's not that stout.

Th 5th covers self incrimination, but not equally in cases where charges are yet to be laid as when they aren't, I believe.

[Robeatics]

Seeing as Season 2 is right around the corner, maybe I can work out a way to smoothly transition Lisa into the plot. I know GeneCo is going to play a big role in some fashion, and I know Lisa is definitely going to cause a lot of mayhem until she either regains her memories or is convinced to join someone's side. If you guys want to use that to fuel pro-regulatory arguments or Meta distrust, be my guest. After enough news reports, maybe some Meta or another clashes with Lisa to try and contain her. (Believe me, when she gets to the city there's going to be a good amount of destruction going down).

She's kind of a blank slate morally right now, and I could honestly see her going either way; a lot of the heroes have the capacity to treat her gently and coax her humanity back, but villains like the Cowl would probably have no trouble manipulating her into becoming an attack dog for his cause.

Just a side note, I worry I wasn't very clear in what she did to Tyler in the gas station. Her psychic powers were on overdrive due to her emotional state, and were poised to do a hard "reboot" by grafting Tyler's memories into her head. Because it happened all at once, Lisa only remembers English and some overarching concepts, and not heavily learned behaviors like social nuance (or knowing what doors are for). She won't be able to synthesize someone's brain like that again for a long time.

[Oraculum]

Posting an introductory sequence. My character shall probably remain stationary until the next season begins, so that there should be no issue with the transition despite his appearance.

[Fallenreaper]

Seeing as Season 2 is right around the corner, maybe I can work out a way to smoothly transition Lisa into the plot. I know GeneCo is going to play a big role in some fashion, and I know Lisa is definitely going to cause a lot of mayhem until she either regains her memories or is convinced to join someone's side. If you guys want to use that to fuel pro-regulatory arguments or Meta distrust, be my guest. After enough news reports, maybe some Meta or another clashes with Lisa to try and contain her. (Believe me, when she gets to the city there's going to be a good amount of destruction going down).

@Robeatics

Between the end of season one and the new one there’s going to be about 2-3 months, I think. That might not be a good idea since there’s no IC during those months between. That means your PC’s acts would’ve been ignored until S2 started and I can’t see honestly any of the heroes or villains ignoring that.

I might suggest asking someone to become involved with Lisa, as in find her during this Season and while you’re waiting, you and that person can work out over the morals, interactions and more through memories that you can insert when it fits.