Here is the final exam question: The
well-intentioned Young Man races to the state prison in the pouring rain. A beautiful Senator
sends a secret letter to Young Man, and asks for his help. She knows that the corrupt
and well-connected Lieutenant Governor poisoned the Governor. And few know that Lieutenant
Governor is actually Crime Boss’ lackey. Lieutenant Governor trumped up some
criminal charges and had Senator arrested to silence her. He even bribed some
judges to deny Senator bail and delay trial. However, Young Man sneaks into the
prison, fights through the guards, and breaks Senator out. The two leave behind
a trail of dead prison guards, including the warden. Young Man hides Senator in
a nearby church—the preacher is a member of an underground organization that
knows the truth about Lieutenant Governor. Discuss all of Young Man’s criminal
liability.
* * *
I was a gamer before
law school swallowed my free time. The exam question is basically the introduction to my
favorite game, “The Legend of Zelda: A Link to the Past.” The plot of the game
involves Link (Young Man) traversing the land of Hyrule to search for objects
to defeat Agahnim (Lieutenant Governor) and Ganon (Crime Boss), save Princess Zelda
(Senator), and ultimately restore Hyrule by making a wish on the Triforce.
I bring it up because last spring break I had the chance to have a free thought: What would legally happen to Link as a defendant? Let’s assume that there is no magic involved, and let’s assume that all events occur in Maryland. How does our hero fare in court?
I bring it up because last spring break I had the chance to have a free thought: What would legally happen to Link as a defendant? Let’s assume that there is no magic involved, and let’s assume that all events occur in Maryland. How does our hero fare in court?
Defendant aka Link |
Since we are
ignoring magic, let’s say the soldiers are just following orders. Assuming
knights are equivalent to police, a fully-armed Link is resisting arrest in
each violent encounter. Each resisting arrest charge and conviction comes with
a maximum three year jail term and/or $5,000 fine. That is 150 years of
incarceration and $250,000—a lot for a guy that only carries $40 (according to
this exchange
rate).
But that is the least of his problems. Link must rob
the knights for money, and he’s armed. So Link can be charged with and convicted of
50 counts of robbery with a dangerous weapon. This is a felony, and it carries
a maximum of a twenty year sentence for each encounter. That is potentially
1,000 years in prison. By now he should be questioning whether Zelda was worth
it.
It gets worse.
Link kills every knight he encounters in Hyrule or dies trying. That is a lot of acts of homicide. Link could argue they were all self-defense because they are trying to kill him. But that might be tough considering Link is
mute and can’t say he was in fear for his life. Also, he did rob the corpses. Worst-case scenario, the state charges Link with
at least 50 counts of first-degree murder (homicide with the intent
to kill). In Maryland, each count of first-degree murder has a mandatory
minimum of life in prison. Ipso facto, Link could be facing 50 consecutive life
sentences. Now facing the slammer, Link could really use some magic.
Of course this doesn’t
include Link’s repeated burglaries of people’s homes, animal cruelty (Link
attacks chickens for fun), or malicious destruction of property (he destroys
people’s hedges and fences). Nor does it include his possession of destructive
devices (bombs and other explosive devices), or harboring the escaped fugitive
Zelda (let's not even begin to talk about the possible federal conspiracy charges since that crime probably involved by crossing state lines).
The gamer in me
still believes Link is a hero. But the law student in me hopes he gets a
good attorney.
What about the defense of duress?
ReplyDeleteDuress is never a defense to first or second degree murder, so the life sentences are stuck. But maybe for the other crimes. Alright! Link just shaved a millennium off his time!
ReplyDelete