EvilGeko

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Many villains are the result of unfortunate circumstances. His origins are tragic, yes, but he is now a criminal who routinely does very bad things. Despite the things that have happened TO him, he still needs to be brought to justice.

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What does he do? He hangs out in an abandoned building and gets his butt kicked 20-30 times a day. I feel sorry for the poor guy!

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NOTE: Since his escape from the Zigursky Penitentiary, Frostfire is suspected to be directly involved in 10 Counts of Felony Assault, 2 Counts of Bookmaking, 4 Counts of Robbery, 3 Counts of Extortion, 3 Counts of Racketeering Violence, 8 Counts of Arson, 2 Counts of Murder

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All I know is that everyone I ask on the street says FF hangs out in the Hollows where he gets owned by noob heroes daily. Don't believe the man's hype.

STOP MUTANT DISCRIMINATION NOW!!!

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It's called the CSI Effect, and it's VERY real.

I've heard from prosecutors who have gotten cases where they literally apprehended the guy with the weapon AND the loot -- but the jurors acquitted because the prosecution didn't offer DNA evidence.


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lol. Good for them. The State gets a lot of advantages in criminal trials, now the wicked have a new Champion: CSI!!!

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So you are acutally happy that a person caught with the loot and the gun (making him an armed robber) was set free to be an armed robber again?

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You don't know that the defendant would do it again. The experience of being tried and getting a pass might have scared him straight. I do know the prison would have likely made the guy a better crook.

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Jenkins is the incarnate of the wine god Bacchus. You have nothing to worry about.

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Could be something like Maria Jenkin's nephew.

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Son of Maria. Chris Jenkins' brother.

Also please note that the EvilGeko is a left-wing progressive.

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lol. Good for them.

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Oh, I hope you're joking.

And I really don't think the state has an advantage as such in criminal trial. Whatever perks you get as the prosecution balance out from having a pretty fearsome burden of proof.

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No. I was joking about CSI, but prosecutors have the entire apparatus of the state behind them, plus the known presumption (at least pre-CSI) that jurors are predisposed to believe authority figures.

I live in Illinois where at least 13 men in as many years were found to have been innocent of crimes for which they were sentenced to death. You read the stories and you see what evidence the prosecuters had and it's just shocking.

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It's called the CSI Effect, and it's VERY real.

I've heard from prosecutors who have gotten cases where they literally apprehended the guy with the weapon AND the loot -- but the jurors acquitted because the prosecution didn't offer DNA evidence.


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lol. Good for them. The State gets a lot of advantages in criminal trials, now the wicked have a new Champion: CSI!!!

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I think we need to stop worrying about Frostfire, at the moment nothing is changing for him, same beatings as usual.

We should be worried about Jenkins in Arachnos. I dont want him mutated and put inside of a tarantula only to have me blow him up!!!!

Being that we cant sue Arachnos, i have created a way to bring them down. Arachnos minions are promoted when they kill heroes/villains, thus earning a higher wage. If we allow ourselves to be defeated by them then too many minions will be promoted and Arachnos wont be able to pay them all thus causing Arachnos to go bankrupt. Its so simple!!!

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Jenkins is the incarnate of the wine god Bacchus. You have nothing to worry about.

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I assumed Rhode Island had similar statutes to what I'm familiar with: a dangerous assumption for Rhode Island, apparently, whos criminal statutes look like they were written by the DETH KICK guy. Frostfire should have been convicted of first degree arson, if anything.

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There's a... law review article, I believe, examining the 5 best and worst written criminal codes. My recollection is that Rhode Island appears on the "worst" list.

Edit:
Oh, and Rhode Island case law specifies that manslaughter is defined as it traditionally was at common law.

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Rhode Island's criminal statutes seem to have a #import Common_Law at the top, with the nice caveat of basically "oh yeah, and we meant that too, unless we say we didn't."

In retrospect, going into engineering and watching Law and Order on TV instead was probably much better than had I attempted the reverse.

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Outside of the 5 episodes of Dilbert do they even put engineers on TV?

By contrast, there are approximately 192007 lawyer shows on right this minute!!

I think we can make several assumptions from this:

Designing a piece of software, a forklift, or even a spacecraft in a cubicle = not sexy

Giving a closing argument in a well cut suit = dead sexy!!

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1. Frostfire clearly had ample opportunity to discover that his powers had the potential to cause serious damage and injury, as evidenced by the extent of the powers, and the admission that at the time of the robbery, he had them for quite some time.


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That's not in the record before us. What is in the record is that Frostfire knew he could control temperature. There is no evidence that he was aware of the outside limits of his power.

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3. Knowing that his powers had the significant potential to do harm, he nevertheless used them against the robber, and consequently incapacitated the clerk as well.


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Yes in defense of others. Not necessarily reckless.

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4. In spite of his good intentions, he exercised a power designed to cause harm, and it affected a bystander. His freezing of the clerk already meets the standard for reckless endangerment.


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Again you're using the laymen's definition of reckless. Criminal recklessness requires conscious indifference of the potential harm that your actions could cause. The description of the event clearly suggest that FF powers went wild.

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5. Now, in a confined space and within the presence of two incapacitated people, he elected to use fire-based powers. Regardless of Frostfire's belief that he could do so successfully, it is a matter for the jury to decide if its reasonable to believe that using flame-based super powers in a confined space and in the presence of two incapacitated people is safe.

6. If the jury decides that its not a reasonable belief, then Frostfire's actions can be considered reckless.


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That's not the standard and I would never agree to such an instruction.

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7. Reckless actions causing the deaths of three people is negligent homicide.


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There are different names for it in different states, but that's correct.

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Ergo: Frostfire is guilty of second degree arson and three counts of negligent homicide.


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Under the laws of RI, the building must be unoccupied for it to constitute second degree arson. And I don't think they have negligent homicide in RI.

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you guys ever think that scrappers were a last minute addition to the game? so much of what we started out as felt like leftovers, you know? there are a couple unique sets but the rest feel rushed.

Spines and MA have that unique feel. not really tankish
SR and Regen also feel that way.

it's like they had these 4 sets and then said "great, now what? umm...." and they didn't have the time for anything really new, so then they just stole stuff from tanks.

da - just feels like a tank.
broadsword - big slow, tankery feel. it would fit perfectly next to Axe.
dm - perfect match for da.

and then, the bottom of the barrel, the clones.

katana - gee, lets just take 20% of broadsword away, we'll evetually give it its own animations
claws - lets fudge around with spines a bit. don't worry if the numbers aren't right, they'll still want to be wolverine.
invuln - duh.

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I think that they probably had Energy Aura on track for launch to go along with Energy Melee. EA didn't make it so they decided to send its opposite to Scrappers since they were kinda light on secondaries.

I think most of all though that Scrappers were rushed when they decided to go to ATs. Just like Blaster secondaries and giving Controllers Defender secondaries.

You had a poor development company risking their home and hearth on one game. NCSoft was breathing down their neck to get it done and make them some money. So they skimped. I just wish they would have been quicker about cleaning it up.

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Ok. Why are we saying he got a "harsh" sentence?

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Calhoun surrendered himself to the authorities. Although the District Attorney’s Office offered a deal for 5 years of jail time acknowledging his pure motives, Calhoun refused, believing wrongly that the jury would find him innocent. He was stunned by his conviction. Still, the judge was extremely lenient in his instructions, and a relatively light sentence was handed down as Calhoun’s heart was judged to be in the right place.



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They're not specific with what they slapped him with, but I'm guessing it was under 10 years. If he behaved well and learned to use his powers under their supervision and repeatedly expressed a desire to join the forces of good in defending the city, I'm guessing he could have been out in less than 5 years, easy.

That's not "harsh." Well, at least according to the story. According to the story, he got a "very lenient" sentence.

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lol. I assume you've never seen what a county jail or prison is like. Spending one day incarcerated when you haven't committed a crime is harsh.

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Laws like this vary on a state-to-state basis. It may well be true in one state, but not another. In addition, we're talking about a fictional universe here, so it may well be different than what we know.


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Yes, of course, but Arson almost everyone requires either intent or knowledge. Those two mental states are not present on the facts.

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Nearly every state allows for the prosecution of a minor as an adult. Usually only the most serious cases are handled this way, and this may well be considered one of them, since several people died as a direct result of his actions, even if not intentionally.


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Right, but I am aware of no state that allows a minor to be prosecuted as an adult for a crime when the elements of the offense are not present.

The mental state required to be guilty of a crime is just as important, if not more so, than the act. If you tell me that Frostfire killed someone, that by itself tells us nothing about whether criminal liability also exists.

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Many villains are the result of unfortunate circumstances. His origins are tragic, yes, but he is now a criminal who routinely does very bad things. Despite the things that have happened TO him, he still needs to be brought to justice.

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What does he do? He hangs out in an abandoned building and gets his butt kicked 20-30 times a day. I feel sorry for the poor guy!

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1) Arson requires the specific intent to cause harm. If the prosecutor and judge knew that he had no intent to cause harm he had no business being prosecuted for Arson. Both the prosecutor and judge were in derogation of their oath.

2) This case should have been brought as a reckless homicide. However even there, there was insufficient evidence that the defendant knew that his actions were likely to cause the harm inflicted. This is necessary when the government alleges reckless conduct. The defendant was a teenager and there is no evidence that he knew the extent of his powers.

3) As a juvenile who should not have been charged with an intentional crime, he should have been charged as a juvenile. Even assuming conviction, he should have been remanded to juvenile custody until 21.

He got railroaded.

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I respect your opinion EG, but what if Paragon City has a few special laws with regard to causing bodily injury and/or death by means of super powers?

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In criminal law there are two primary elements: mens rea and actus rea. In English the "state of mind" (mens rea) and the act (actus rea).

A law regarding the use of super powers to cause bodily harm would probably require either: recklessness, knowledge or intent as mental states. Intent and Knowledge simply aren't present here. Recklessness probably is, but juvenile recklessness, not adult.

There's no question that the act (homicide) was present, but the mental state is actually more important.

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When they offered him 5 years and he wanted no punishment at all for deaths, could that have been construed as recklessness or even a total disreguard for life?

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No, not at all. In fact, the circumstances of any plea negotiations could not be used for in purpose in determining guilt. The law treats settlement negotiations as irrelevant to guilt. The reason is to encourage settlements (which a plea bargain is). Plea bargains save judicial resources and ensure that some penalty would be paid.

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Arson 1, per R.I. Gen. Laws § 11-4-2:

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Any person who knowingly causes, procures, aids, counsels or creates by means of fire or explosion a substantial risk of serious physical harm to any person or damage to any building the property of that person or another, whether or not used for residential purposes, which is occupied or in use for any purpose or which has been occupied or in use for any purpose during the six (6) months preceding the offense or to any other residential structure, shall, upon conviction, be sentenced to imprisonment for not less than five (5) years and may be imprisoned for life, or shall be fined not less than three thousand dollars ($ 3,000) nor more than twenty-five thousand dollars ($ 25,000), or both; provided, further, that whenever a death occurs to a person as a direct result of the fire or explosion or to a person who is directly involved in fighting the fire or explosion, imprisonment shall be for not less than twenty (20) years. In all such cases, the justice may only impose a sentence less than the minimum if he or she finds that substantial and compelling circumstances exist which justify imposition of the alternative sentence. That finding may be based upon the character and background of the defendant, the cooperation of the defendant with law enforcement authorities, the nature and circumstances of the offense, and/or the nature and quality of the evidence presented at trial. If a sentence which is less than imprisonment for the minimum term is imposed, the trial justice shall set forth on the record the circumstances which he or she found as justification for imposition of the lesser sentence.

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And, per R.I. Gen. Laws § 11-23-1, any death involved in an arson as defined under 11-4-2 (above) is murder 1.

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Then what the prosecutor had to prove was that FF:

Caused the fire with knowledge that he was subjecting the inhabitants to SUBSTANTIAL risk of SERIOUS physical harm.

The facts don't show that. The facts show that the kid was trying to thaw out the shopkeep and his powers went wild. There is NO evidence that he knew that would happen.

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1) Arson requires the specific intent to cause harm. If the prosecutor and judge knew that he had no intent to cause harm he had no business being prosecuted for Arson. Both the prosecutor and judge were in derogation of their oath.

2) This case should have been brought as a reckless homicide. However even there, there was insufficient evidence that the defendant knew that his actions were likely to cause the harm inflicted. This is necessary when the government alleges reckless conduct. The defendant was a teenager and there is no evidence that he knew the extent of his powers.

3) As a juvenile who should not have been charged with an intentional crime, he should have been charged as a juvenile. Even assuming conviction, he should have been remanded to juvenile custody until 21.

He got railroaded.

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I respect your opinion EG, but what if Paragon City has a few special laws with regard to causing bodily injury and/or death by means of super powers?

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In criminal law there are two primary elements: mens rea and actus rea. In English the "state of mind" (mens rea) and the act (actus rea).

A law regarding the use of super powers to cause bodily harm would probably require either: recklessness, knowledge or intent as mental states. Intent and Knowledge simply aren't present here. Recklessness probably is, but juvenile recklessness, not adult.

There's no question that the act (homicide) was present, but the mental state is actually more important.

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Actually, at common law, arson could be proven without specific intent.

It was enough to show that the fire was caused with reckless disregard of the risk that the structure was burned.

If we accept the charge of arson under reckless disregard, then we can charge Frosty with felony murder.

He got lucky.

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Again, I don't think recklessness was shown. Recklessness requires indifference to the potential harm. Frostfire had no such indifference. He just didn't know how powerful he was.

And most states have replaced all common law offenses with statutory offenses.

1) Arson requires the specific intent to cause harm. If the prosecutor and judge knew that he had no intent to cause harm he had no business being prosecuted for Arson. Both the prosecutor and judge were in derogation of their oath.

2) This case should have been brought as a reckless homicide. However even there, there was insufficient evidence that the defendant knew that his actions were likely to cause the harm inflicted. This is necessary when the government alleges reckless conduct. The defendant was a teenager and there is no evidence that he knew the extent of his powers.

3) As a juvenile who should not have been charged with an intentional crime, he should have been charged as a juvenile. Even assuming conviction, he should have been remanded to juvenile custody until 21.

He got railroaded.

My Regen Scrapper who's existed since the game launched does not have the equivalent Hero badge.

This means to me that you have one of two choices:

1) farm the badge, i.e. set yourself up to be healed and let a few minions wail on you for days.

2) Wait until you naturally get the badge in 2013.

Well normally clicks don't shut off toggles (unlike Granite) so it wouldn't be a problem, but at 52.5% it's pretty easy to hit the caps. Two fresh resist SO would get you so close you couldn't tell the difference. Given DA other endurance needs, if this power existed I would only run Obsidian Shield and this for armors when it's up.

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Regen is soooo complete, its by far the best secondary of all the secondaries and you ppl thinking they are going to buff it are INSANE. First they will upgrade dark then MAYBE invul, itll be 5+ issues before regen is even given ANYTHING usefull and that really wont be that usefull, maybe some tiny amount of extra resist

SO GET OVER IT NOOBS

God Mode has left the building

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First they'll upgrade dark? To what?

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Aspect of Doom
Level 38
Click
+52.5% res to all but Psi; +recovery +status protection
Crash to 10% HP; 0 end + PBAoE Disorient of MAG 3.2 strenght
Graphic: Scrapper turns into Dark Miasma's Fluffy, but uber!

Probably something like that. Electric's 38 basically. Of course Electric doesn't have a heal, but hey we all can dream.

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Come on EG, /DA gets an anti-Psi shield, their tier 9 should have Psi resist...


Just no happy sunbeam Care Bear stare damage resist.

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You would think so, but Electric also has Psi resists and in the same tier as DA so I think the devs will stick with their general view that the 32/38 powers will not protect against Psi directly. Elude and Retsu do indirectly. But nothing else. Even Stone which is the only Tanker with Psi defense gets no defense from Granite.

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Regen is soooo complete, its by far the best secondary of all the secondaries and you ppl thinking they are going to buff it are INSANE. First they will upgrade dark then MAYBE invul, itll be 5+ issues before regen is even given ANYTHING usefull and that really wont be that usefull, maybe some tiny amount of extra resist

SO GET OVER IT NOOBS

God Mode has left the building

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First they'll upgrade dark? To what?

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Aspect of Doom
Level 38
Click
+52.5% res to all but Psi; +recovery +status protection
Crash to 10% HP; 0 end + PBAoE Disorient of MAG 3.2 strenght
Graphic: Scrapper turns into Dark Miasma's Fluffy, but uber!

Probably something like that. Electric's 38 basically. Of course Electric doesn't have a heal, but hey we all can dream.

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I think Aracana should have an SR lounge for somewhere to post all her crazy ideas that the devs will never look at.

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I agree. If you're going to be ignored and shunned at least you should be comfortable.

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Regen is soooo complete, its by far the best secondary of all the secondaries and you ppl thinking they are going to buff it are INSANE. First they will upgrade dark then MAYBE invul, itll be 5+ issues before regen is even given ANYTHING usefull and that really wont be that usefull, maybe some tiny amount of extra resist

SO GET OVER IT NOOBS

God Mode has left the building

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Baby trolls are cute.

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This just reminded me why you never, never play a hugely SOed out character after playing one stuck with TOs. So much for my commitment for leveling that character. Hahah.

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QFT. Playing in slo-mo is no fun.