Legal Question in Criminal Law in New York

Vigilantism

Good day to you.

My question is simple. What does the law say about vigilantism? What would the police do to a man who ''takes the law into his own hands'' (like a Batman) if he fights against injustice and save a lot of people?

Thanks for any help.


Asked on 5/15/06, 3:05 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Vigilantism

The law frowns upon such behavior.

1. The 'chain of custody' of any evidence would be tainted and the evidence would be found not admissible in a trial. The constitutional right to 'face accusers' would require that person to reveal his face/name when giving evidence; otherwise his testimony would not be admissible in any trial.

It is unlikely criminals caught by the vigilante would be convicted of any crimes. The DA would be very angry with the vigilante for making his job impossible.

2. A private citizen is empowered to make an arrest only when witnessing a felony in progress. In addition, he may only use 'reasonable force'.

I think Batman would find himself convicted of assault and battery, reckless endangermant, and

While a big comic fan myself (Spider-Man more than Batman, and Flash, Powers, etc) I advise my clients to let the police handle the petty crime and use their super-powers only against Galactus or another Thangar invasion.

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Answered on 5/15/06, 3:51 pm
Valerie Masters Valerie Masters, P.A.

Re: Vigilantism

People who take the law into their hands get handcuffs.

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Answered on 5/19/06, 6:32 pm


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