Tagged: Batman

The Law Is A Ass #318: Batman Flunks His Testimony

lawassContrary to popular belief, the Fifth Amendment  is not the one that repealed Prohibition. And, contrary to popular belief, the Fifth Amendment is not what we’re talking about today. (Hey, I had a snappy opening joke to go with the Fifth Amendment but nothing for the Sixth Amendment. You wanted I should let it go to waste over a technicality?)

Last time, we were here together, I promised to explain why Batman would not be able to testify in a courtroom in DC’s New 52 continuity, even though he could in the old continuity. If you’ve been paying attention – and considering we’re only two paragraphs into this column, if you haven’t been paying attention you really should get your attention span checked – you can probably guess that said explanation involves the Sixth Amendment.

The Sixth Amendment is one of the two amendments in the Bill of Rights that deals with the rights of the accused in a criminal trial. It creates a list of rights which it grants to all defendants in criminal proceedings. For our purposes today we’re only going to deal with one of those Sixth Amendment rights; the defendant’s right to confront the witnesses against him or her. Hey, there are eight of those rights in the Sixth and if we were going to talk about all eight, we’d be here all day. I don’t know about you, but I’ve got plans for tonight.

The right of confrontation means more than that the defendant gets to sit in the courtroom and glower at the witnesses while they testify. It doesn’t, however, go as far as allowing the defendant to get up in the witness’s face or physically assault the witness, like they were on an episode of The Jerry Springer Show. No, the right to confrontation lies somewhere in between; and I don’t mean Dr. Phil. What it means is that the defendant gets to cross-examine the witnesses who testify for the prosecution.

Cross-examination, which the noted legal scholar John Henry Wigmore called “the greatest legal engine ever invented for the discovery of the truth,” means the accused gets to ask the witnesses questions designed to attack the witness’s testimony and, if possible, cast doubts on the witness’s credibility. Among the ways in which a defendant may seek to attack a witness’s credibility is to show that the witness is a convicted criminal so not worthy of being believed. Another is to show that the witness has a bias in the case, such as the witness hates the defendant, or the witness wants to get the defendant out of the way so he could make the moves on the defendant’s girlfriend or the defendant knew the witness was secretly a bigamist, or any of the dozens of techniques we watched Perry Mason employ over and over again in nine seasons of the original series, half a season of the failed revival with Monte Markham, and 26 made-for-TV movies with the original Perry and Della back again. Basically, anything that would show the jury that the witness has a motive to lie about the defendant. Another technique, which can be employed on some occasions, is to show that the witness has a generally bad reputation for honesty, so is not a person whose statements or testimony should be believed. There are others, but these will suffice for our discussion today.

They suffice, because they all have something in common. In order for the defendant to be able to use any of those cross-examination tactics, the defendant has to know who the witness is. A defendant can’t very well establish a witness’s bias or past criminal record or reputation for honesty if the defendant does not know who the witness is.

Which brings us to Batman. We, the readers, may know that it’s Bruce Wayne under that cowl with the twin cell towers doubling as ear pieces, but the court doesn’t. And, more important, the defendant and his or her attorneys don’t. How does the defendant prove Batman has bias or a motive to lie about or a bad reputation for truth, if the defendant doesn’t know who the hell Batman is behind that mask? He doesn’t.

Which is why American courts are generally about as accepting of allowing masked witnesses to testify as Sheldon Cooper is of accepting change; either an alteration of his routine or pocket money from someone when he doesn’t know where those pockets may have been. No, as a general principle, masked witnesses cannot testify in American courts, because it would deny the defendant his right to confront the witness.

Now this is not a hard and fast rule. Some courts allow for some degree of witness anonymity in cases where the witness would face danger should the witness’s identity be revealed to the defendant; such as a detective who is in the middle of an undercover operation and can’t be outted or an eyewitness who fears retaliation. (I think the courts would be hard-pressed to rule that Batman was afraid of retaliation, considering putting himself in the path of retaliation is what he does on a daily basis.)

Courts also allow witness anonymity in cases of “forfeiture by wrongdoing” such as the defendant, or the defendant’s friends, threatening a witness and making the witness reluctant to testify. When this happens, courts rule that the defendant waived the right of confrontation by his or her wrongdoing. Again, I don’t think many courts would find that a defendant’s threats against Batman would hold much sway or cause him the slightest reluctance. If anything, they’d be more likely to encourage him.

In other cases, courts have allowed a witness to testify anonymously when the witness’s true identity was known to the prosecution and the prosecution supplied to the defendant the potential materials that the defense could use to impeach that witness. That could apply to, say, Captain America, because someone like Nick Fury could voucher for the man behind the mask, but it would not apply to the Batman, as no one knows who he is, not even the Gotham City Police  or the District Attorney’s office. So no one could supply the defense with Batman’s impeaching information.

Without some constitutional amendment or federal law in the DC Universe which allowed for masked super heroes to testify in criminal proceedings, it is unlikely that Superman, Flash, Batman or any of the other DC heroes with secret identities could testify.

The old DC continuity actually had such a law that regulated the activities of masked super heroes. It was called the Keene Act. And according to our own John Ostrander, said act was modified by an amendment which, among other things, provided for how masked super heroes could testify; an amendment which, I immodestly note, John called “The Ingersoll Amendment.”

So under the old DC Universe continuity, Batman would have been able to testify. However no such legislation exists in the New 52 DC universe continuity. I know this because of Justice League# 30. In that story, Len (Captain Cold) Snart talks to Jake Shell “Parole Officer to the Rogues” and complains that even though Lex Luthor credited Captain Cold with helping to save the world from Forever Evil , the Flash won’t stand idly by and let Captain Cold walk free. Shell answers, “Unless the Flash unmasks and testifies under his real name, they’re not going to let him speak at your hearing.”

So it’s established that in the New 52, masked super heroes can’t testify at a parole hearing. Parole hearings are more informal proceedings and courts have held that the defendant’s panoply of trial rights – such as the right to confrontation – don’t apply as fully there as they do in an actual trial. So, if a masked super hero can’t testify under the relaxed procedures of a parole hearing in the New 52 world, a masked super hero will not be able to testify in a New 52 trial.

Or won’t until someone writes a story in which he or she really needs a masked super hero to testify, then that writer will figure out a way for it to happen. Then masked super heroes will be allowed to testify in the New 52 and I’ll probably get a new column out of it.

Writers of the New 52, the ball is in your courtroom.

Dennis O’Neil: Tim Burton and the Bat

Film Director Tim Burton Portrait SessionAbout 25 years ago I was walking from a screening at a Third Avenue theater onto a bustling Manhattan street with a Time Warner executive. My companion thought the movie we’d just seen, a movie that would be opening in a few days, was too dark for a summer entertainment and so would probably fail. Later, another kind and generous exec told me that there had been a snafu in getting the comic book adaptation I’d written to market and that my royalties would probably be impacted by the screen version of the story beating the comics version to the public. He said he’d try to get me a little extra money to ease my loss. It was a very generous offer, but in the end, an unnecessary one. The royalties were quite satisfactory, thank you.

And the movie? A hit. A big, juicy and – okay, we’ll admit it – dark hit.

It was directed by Tim Burton, starred Jack Nicholson and Michael Keaton and was eponymously titled Batman. Short, punchy. Fit on any marquee inn town.

It wasn’t Batman’s first venture into theaters. In the 40s there had been two serials, aimed at the Saturday matinee kid audience, and in 1966, a comedic take on the character adapted from a television show. I guess that those efforts did whatever they were supposed to do. But the 1989 Batman… that was something else. I don’t have the profit/loss statements – I guess those Warner folk misplaced my phone number, back then in the 80s – but I’ll happily guess that the BurtonBat exceeded box office expectations, maybe by a long stretch.

Why do you think that is? Batman wasn’t the first big production that took the superhero genre seriously. There had been the four Superman movies, with A-list directors and actors. And Supergirl. (I’m not counting Superman and the Mole Men, which sprung from yet another television program, nor the movies-of-the week, yet more television programming.)

But Burton’s stuff seemed to me to have been a game changer. Again, why? Maybe because it was a tipping point, which is defined by the excellent writer who popularized the term as “the moment of critical mass, the threshold, the boiling point.” The writer, Malcolm Gladwell, says that “…ideas and products and messages and behavior spreads like viruses do.”

So maybe the idea of superheroes as a legitimate genre, equal to westerns and crime drama and the rest of the generic amusements, had been seeping into our collective psyche for years. But the genre wasn’t quite validated until…voila – it was! Tim Burton and his collaborators delivered what audiences didn’t realize they were waiting for – a movie that had enough familiar elements to be acceptable as mass entertainment, but was also not quite like anything that those audiences had seen before, which made it a novelty.

It was a winning combination, one that’s unlikely ever to be repeated. And a bonus: I rewatched the movie last night and can report that is holds up well. After all these years, it still does the job. Does it darkly, but does it. Nice.

25 Years Ago Today: Criminals Sucked Sidewalk

A quarter of a century ago, I went into New York to catch the first showing of a movie starring a certain caped crusader, and then went over to DC Comics to talk with everybody there. I had to do it in that order, because there would be no other topic of discussion in the office that day. Not that there had been much of one in the country before that, as any flat surface in America had a bat-logo pasted on it.

Now there are many retrospectives about the release of [[[Batman]]] out today and how it changed the comics and movie industry forever. But what I want to point out is that in comics, we can’t help but poke fun at our neighbors’s failures and successes. And so it was that Steve Gerber, Bryan Hitch, and Jim Sanders III gave us The Sensational She-Hulk #19 and Nosferata the She-Bat:

Confused by Grant Morrison’s Batman? Sequart Explains it All

ZurEnArrh CoverSequart Organization is proud to announce the release of The Anatomy of Zur-en-Arrh: Understanding Grant Morrison’s Batman, by Cody Walker.

Grant Morrison has made a career of redefining heroes, but his work with Batman has been the most comprehensive. From Arkham Asylum and JLA to his recent seven-year run on the Batman titles, Morrison has redefined and reworked the Caped Crusader from the ground up. He’s also introduced new characters (such as Damian Wayne) and new concepts (such as Batman, Inc.).

The Anatomy of Zur-En-Arrh looks at how Morrison’s run understands and reinterprets Batman’s long history. Also, an exclusive interview with Morrison rounds out the book.

The book runs 272 pages and is available in print (list price $16.99) and on Kindle (list price $6.99). For more information on The Anatomy of Zur-En-Arrh, visit the book’s official page. Also, the book features a beautiful cover by David A. Frizell.

The Superhero Arms Race– And Chest Race, Too

Chris Pratt, before and afterActing skill – even paired with leading-man looks and undeniable charisma – is not enough to get you cast in a big-budget spy thriller or a Marvel Comics franchise. “A decade or so ago, Stallone and Van Damme and Schwarzenegger were the action stars,” says Deborah Snyder, who produces husband Zack Snyder’s films: 300, Man of Steel, the upcoming Batman vs. Superman movie. “Now we expect actors who aren’t action stars to transform themselves. And we expect them to be big and powerful and commanding.”

Michael B. Jordan, who got his break as The Wire’s sensitive kid Wallace and raised his profile in last year’s Fruitvale Station, knows he needs to be able to bulk up on command if he wants to break into the A-list. “You’ve gotta be ready to take off your shirt,” he says, and he will as the Human Torch in next year’s Fantastic Four movie. “They want to blow you up and put you in a superhero action film. Being fit is so important. . . . The bar has been raised.” …

Gunnar Peterson, the trainer who for decades has maintained the physiques of Sylvester Stallone, Bruce Willis, and others, agrees. “For male action heroes,” he says, “it’s an arms race now.”

via Men’s Journal Magazine.

The Law Is A Ass # 317: Two-Face Makes A Dent In Crime

When lawyers talk about Miranda, we mean the Supreme Court case of Miranda v. Arizona and not a Brazilian movie star famous for her samba singing and fruit-laden hats that were so big they must have caused neck strain. When comic books talk about Miranda, it’s more of a crap shoot. I assume they’re talking about the Supreme Court case, but…

Well let’s put it this way, the banana on Carmen Miranda’s hat probably has more accurate knowledge of Miranda v. Arizona than the average comic book story. Case in point: Batman and Two-Face #27. (Or, maybe that should be court case in point.)

(more…)

John Ostrander: Why Did I Do That #3 – Suicide Squad

I don’t know about you guys but I’m having fun going back through some of the characters I’ve written in the past and explaining why I chose to do what I did. I’m not particularly critiquing modern versions (well, maybe a little) but I’m explaining why I took the approach I did. Today, let‘s look at some of the Suicide Squad members other than Amanda Waller.

Captain Boomerang. Initial Squad editor Bob Greenberger suggested Digger Harkness, aka Captain Boomerang, as a member. Flash at that time wasn’t using the Rogue and Boomerang was available. I wasn’t into the character at first and I considered him sort of lame, but I started thinking of what I could do with him.

One of the series I was reading at the time was the Flashman series by George MacDonald Fraser. Fraser took the secondary character from the classic Tom Brown’s Schooldays (an 1857 novel by Thomas Hughes). The character of Flashman, as created by Hughes, was a bully and a coward and got expelled early on from the school. Fraser picked him up in a series of historical novels, let him remain a rogue, a womanizer, a bully and a coward who becomes acclaimed (wrongly) as a hero in his day. At one point when I was reading the first novel I became so pissed with him, I threw the novel across the room. I grew to love him and the series, however; they’re very worth reading today. Historically accurate and funny as hell.

So – a rogue, Flashman, Flash – brain synapses fired. Why not do something like that with Captain Boomerang? He doesn’t change. He always looks for an angle. He knows who he is and he’s perfectly happy with it. He keeps finding new depths to which to sink. He’s a jerk, he’s an asshole, he’s a villain – but he’s fun to read.

According to his backstory, Harkness is from Australia but he never sounded like it. I decided to get some books on Australian slang and pepper his dialogue with them. It was a fun way to sneak some naughty words past the censors but the joke, ultimately, was on me. My buddy, the writer Dave de Vries, is from Down Under and he told me that he and his mates would get together to read issues of the Squad and just laugh at Boomerbutt’s lines. It seems my grasp of the slang was, shall we say, a tad antiquated.

“But I got them from books, “ I protested.

“I know, mate,” responded Dave, “but nobody actually talks like that anymore.”

I toned it down a bit. Still Digger remained one of my absolute faves on the Squad. Totally fun to write.

Deadshot. Also know as Floyd Lawton. Lawton was a little used Batman villain. In his first appearance, he wore a tuxedo with a top hat, a domino mask, and twin Western gunbelts strapped across his waist. Not a very cool look. His story was that he ran in the same set as Bruce Wayne so he was wealthy. He pretended to be a hero in Gotham and a challenge to Batman but actually was a thief and masterminded other robberies until Bats uncovered him and sent him to jail.

Steve Englehart and Marshall Rogers brought Deadshot back and gave him a really cool new look. I drafted him into the Squad.

Lawton was somewhat of a blank slate. I have a technique where I use induction and deduction to figure out a character based on what we knew. Deadshot’s rep is that he never misses and yet he can never kill Batman. Is Batman just that good or is there another reason? Does Deadshot pull his shots around Batman and, if so, why? I liked that last concept. Yes, Batman is that good but he’s also aware that Deadshot unconsciously pulls his shots. We later developed that Lawton had this complex relationship with his older brother. He really loved the guy but accidentally wound up killing him – Lawton’s first kill.

Lawton killed without emotion. I had to wrap my head around that if I was going to write it. How do you reach that point?

I had seen a special on TV talking with a mob hit man. Coldest dead eyes I’ve ever seen. Killing was nothing to him; he talked about shooting and killing a man in a car at a stop sign just to test a new gun. How could I write something so foreign to me?

I had also heard someone once say “If my own life doesn’t matter to me, why should yours?” On some level, I could understand that. Life has no meaning to someone like that. Yes, there was a moment – just a moment – when I felt like that at one time.

It’s been said Lawton had a death wish; I saw it – and see it – more that he didn’t care. He didn’t care if he died; he didn’t care if you died. The job mattered; was it interesting? Was there a challenge?

The two were tied together – having killed the person who mattered most to him, no other life mattered, including his own. That was a character I found compelling and so did quite a few others.

Different writers have different takes on both Captain Boomerang and Deadshot and that’s fine. They should have the freedom to develop the characters according to their own understanding as I did. Harkness and Lawton were among the most popular and central characters back when I was writing Suicide Squad; they were among my faves as well.

 

Martha Thomases: Yeah, Baby!

My son is 30 years old today. And while this is a wonderful thing and I’m thrilled to have the experience, it also demonstrates one of the great failures of my lifetime. He stopped reading comics before I did. When I was a kid, before the direct market, before cable television, before the discovery of fire, kids might read comics for a few years but usually stopped around the time they started high school. There were a lot of reasons for this (puberty, team sports, rock’n’roll) but I’ve always thought a big reason was the spotty distribution. It was more difficult to be a dedicated fan when you couldn’t be sure that the magazine racks would have the same titles every month. Still, I was an unusual child. I kept reading comics, despite the hardships, despite my gender. I’ve always enjoyed a quest – especially when said quest involves shopping. Of course, I wanted to pass on these values to my child. We spent many happy hours in his youth, walking to the comic book store on Comic Book Day, reading comics, discussing comics. He met Stan Lee before he started school. When I applied for a job at DC, I remember telling Paul Levitz that my five year old kid could explain Crisis on Infinite Earths and the multiverse, and Paul wanted to arrange for him to come in and explain it to the editorial staff. After I got the job, my kid could sit in the DC library and read the bound volumes of back issues because the librarian knew he would take care of the books. My son learned important lessons from his father, too. By the age of three, he could tell a Tex Avery cartoon from a Bob Clampett. Family values were important to us. And now, this. He’ll explain that it’s not his fault. The monthly comics that he read all of his life left him. The Flash that he knew (Wally West) is gone. So is the Green Lantern (Kyle Rayner). I could have said the same thing at his age, when The Powers That Be took away my Flash (Barry Allen) and Green Lantern (Hal Jordan). The difference is that TPTB made new characters who had new stories. I might like them or not, but they were new. My son’s heroes were replaced by the characters his parents liked. That’s a problem. The market for superhero comics (and I love superhero comics) isn’t adapting to a new audience. It’s adapting to the old one. My boy still enjoys a good graphic novel. He likes a lot of independent, creator owned series (which he buys as trade paperbacks). He can still speak with great wit and insight and humanity about the socio-economic and political implications of Superman and Batman. If we’re in the same city at the same time, I’m sure we’ll go see Guardians of the Galaxy together. He’s turned me on to some great books. I’m loving Saga based entirely on his recommendation. But I wait for the trades. Maybe I’m not as old as I look

Dennis O’Neil: Batman’s War

As I engage with the machine before me, it is the evening of May 26th – yes, Memorial Day, wherein we commemorate the most noble and glorious of human activities. And what else? Well, as you may have heard, Batman celebrates his 75th this year. Yes, the caped crusader, the dark knight, Bruce Wayne’s elseperson made his debut in May of 1939. (Okay, you pickies might observe that, given publishing practices of the time, Batman may have actually appeared in late April. Go away, pickies.)

Now, given Batman’s birthday and Memorial Day being so close, is it not appropriate that we conflate those two. Honor Batman’s participation in the defining event of his early years, War the Deuce? Where did he serve? The European front? The Pacific?

Ooops! Nowhere is where he did his war duty.

Of course (again nodding to pickies, who have not gone away) that’s not necessarily true. Yes, yes, you could read every comic book in which he appears from, say, 1941 to 1945 and find nary a trace of him in foreign combat zones. But look at the contemporary movies and yup, there he is, in a 15-chapter serial that got into theaters in 1943. It is not terrible, measured against stuff like it, and it did contribute The Batcave to the Batman mythos, for which, I guess, we can be grateful. But it was what it was, a kiddie entertainment made cheaply at the height of a world war, and so flavored with chauvinism. Here’s a couple of the narrator’s lines: “This was part of a foreign land, transplanted bodily to America and known as little Tokyo. Since a wise government rounded up the shifty-eyed Japs. it has become virtually a ghost street.”

It was what it was.

And that was that when the subject was Batman and the war? Nope. I said that Batman engaged in no war activity in comics published while the war was actually being fought but fast forward to 1969 and we find Batman teaming up with Sgt. Rock and the combat-happy joes of Easy Company. It’s a flashback story, but what’s flashed back to is Batman fighting in Europe with Rock and the guys.

So…the comic book Batman did not participate in the war while it was happening, but he did participate in it after it was long ended. I’ll wait while you untwist your mind.

I don’t know why the comics folk kept Batman out of the conflict abroad – other comics characters participated in it – and this may be one of those facts that history has annihilated, lost to us forever. Most people thought, and think, that it was that rarity, a just war and nobody sitting at my computer is arguing, not about World War Two. About other wars? Let’s not get started.

But I wonder: if the comics guys had done a Batman war story during the war, what kind of story would it have been? Batman leaping from the trenches and leading his troops into the enemy’s withering machine gun fire? Or Batman slinking around a blacked-out city searching for spies? Or would they have opted for realism and given us a story full of mud and suffering and pain and fear and ignominious death?

Not likely. Not then.

Probably not now.

REVIEW: JLA Adventures: Trapped in Time

JLA Adventures in TimeI am sometimes mystified by Warner Animation. Back in January, possibly as a part of their Target deal which rolled out last summer, shopped were able to buy JLA Adventures: Trapped in Time. This stealth release received zero publicity and marketing but clearly the exclusive window has closed with the animated feature now available everywhere.

This is not the Justice League animated characters nor is it the New 52 animated reality; instead, it is some weird hybrid, an all-ages heroes versus villains romp done on the cheap. With the Legion of Super-Heroes’ foe the Time Trapper manipulating events, the Justice League of America — Superman (Peter Jessop), Wonder Woman (Grey DeLisle Griffin), Flash (Jason Spisak), Aquaman (Liam O’Brien), Batman (Diedrich Bader), Robin (Jack DeSena), Cyborg (Avery Kidd Waddell) — take on the Legion of Doom — Lex Luthor (Fred Tatasciore), Solomon Grundy (Kevin Michael Richardson), Black Manta (Richardson), Cheetah (Erica Luttrell), Bizarro (Michael David Donovan), Toyman (Tom Gibis), Captain Cold (Corey Burton), and Gorilla Grodd (Travis Willingham). So, if anything, this owes its pedigree to the defunct Super Friends (complete with wink and you miss it, cameos from Wendy, Marvin, and Wonder Dog) and no other animated series.

Of course, if you use the Time Trapper, you need some Legionnaires so we see Dawnstar (Laura Bailey) and Karate Kid (Dante Basco) in the 31st Century, demonstrating the JLA’s influence through the ages.

It certainly smacks of Saturday morning fare given its brief, 54 minute, running time and the far more limited animation in comparison with the more sophisticated direct-to-home-video fare we’ve become accustomed to. They’ve done a fine job distancing themselves from such franchises as noted by the different, but serviceable vocal cast. The character designs remain top-heavy but at least the angular chins that drive me nuts are more traditionally square-jawed. The costumes are also modified with a dumb-looking utility belt on Batman.

Written by Michael Ryan and produced and directed by Giancarlo Volpe, this provides us with some quirky takes on the characterization but they move things along at a nice clip, even if there’s more action than characterization for my taste.

You get, appropriately, two bonus episodes: The All-New Super Friends Hour “The Mysterious Time Creatures” and Super Friends’ “Elevator to Nowhere”.

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