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• ↓ She-Hulk: Was Wong in the Wrong?
• ↓ Conflict Experts Fight About Star Wars
• ↓ Lawyers Club of San Diego Virtual Happy Hour
• ↓ Wanda’s Liabilities for the Westview Anomaly
• ↓ Law and Popular Culture Online Panel
• ↓ Law and the Multiverse Retcon #11
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"(This guest post was written by Scott Maravilla. Thanks Scott! NB: This post includes minor spoilers for She-Hulk episode 3! And in case you’re wondering, I have been keeping up with the series, and I give it overall good marks for legal accuracy so far. The mistrial was exactly what would have happened, and large law firm partner’s Holden Holliway’s response to Jen’s request to pick her own assistant was pitch-perfect.)"

"In the She-Hulk: Attorney-at-Law episode “The People v. Emil Blonsky” (S1:E3), after testifying on behalf of Emil Blonsky at his parole hearing, Wong is called out by the chair of the California Parole Board for “admitt[ing] to facilitating a prisoner escape which is a crime.” At which Wong quickly escapes through one of his magic portals.  The chair is referring to California Penal Code 4550 which makes it a criminal offense punishable by imprisonment up to four years to “rescue any prisoner from any prison.”  The case appears cut and dry.  Wong used his portal power to break The Abomination out of his cell for an underground fight club tournament (See Shang-Chi and the Legend of the Ten Rings)."

"Not so fast, California recognizes necessity as an affirmative defense to helping someone, here The Abomination, break out of jail.  Necessity is where the conduct in question is undertaken to prevent a greater harm.  In the context of a prison break, while viable, it “is extremely limited in its application . . . because of the rule that upon attaining a position of safety from the immediate threat, the prisoner must promptly report to the proper authorities.”  People v. Lovercamp.  In Lovercamp, two women prisoners who were convicted of attempting to escape offered as their defense that they were being threatened by a group of fellow inmates.  The threats were described as “f**k or fight” which resulted in a fight followed by more threats.  Prison officials did nothing for the women’s protection.  As a consequence, they attempted to escape because they “felt they had no choice but to leave the institution in order to save themselves.”  On appeal, the court remanded the case back to trial to consider this defense."

"While this case illustrates the defense, it is only from the point of view of the prisoner as opposed to an outside third party like Wong.  But, with superhuman law, comes superhuman defenses.  Let’s examine some of the key elements of necessity in the context of the work of the Sorcerer Supreme.  To prevail on a necessity defense, the person must have acted out of an objective actual knowledge that they were preventing some form of harm.  The objective aspect is determined by whether a reasonable person would also have acted in the same way under similar circumstances.  In this case, would an aspiring Sorcerer Supreme have broken The Abomination out of jail to guard our dimension."

Key Topics & Focus Areas for lawandthemultiverse.com:

She-Hulk: Was Wong in the Wrong?

Conflict Experts Fight About Star Wars

Lawyers Club of San Diego Virtual Happy Hour

Wanda’s Liabilities for the Westview Anomaly

Law and Popular Culture Online Panel

Law and the Multiverse Retcon #11