Nova Corps v. Guardians of the Galaxy
Everyone has already seen Guardians of the Galaxy, the best of the not-all-that-super, super hero movies. But it’s so good, I’m sure nobody will mind watching this clip one more time again.
So, Peter Quill a.k.a. Star Lord, a Terran, busts out of the Kyln (Coordinates: M20H 119919142+0185112.), the highest security Nova Corp prison, with a few of his pals: a talking raccoon, a big tree thing, a green female assassin, and a big, dumb, muscular dude with tattoos. Everything about this says “crime.” But let’s see if we can get Pete off the hook.
The Outer Space Treaty doesn’t apply
The Outer Space Treaty is really cool and stuff, but unfortunately treaties only apply to signing parties, and even then, they’re pretty easy to get out of. Although the large majority of Earth’s countries have signed the treaty, Nova Corp is not a signatory. Therefore, it does not apply even though Quill is a Terran. Next!
Old-fashioned Criminal Law
WIth the Outer Space Treaty crossed off the list, that brings us to considering old-fashioned Criminal Law. It’s unclear what kind of law Nova Corp uses, but since it’s kind of like the America of the galaxy, we’re just going to assume they use the American Model Penal Code. Since the perpetrators were in Nova Corps turf when the crimes were committed, the Nova Corp law will apply.
Breaking out of Prison is a Felony
Ordinarily armed escape from prison is a felony. As stated in the MPC: “A person commits an offense if he unlawfully removes himself from official detention.” Model Penal Code § 242.6. And it’s a felony if “the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape.”
So, knocking down guards, shooting robot guards, breaking arms, and escaping from prison, that’s a felony.
Felony Murder Rule would apply . . . if somebody died
In American Criminal Law, there’s this precious little thing called the Felony Murder Rule. Model Penal Code § 210.2. In simplistic terms, it means that if a criminal commits a felony, and a person dies while that felony is being committed, the criminal is also guilty of murder. That’s called tough love. Extra tough.
Luckily for our boys, however, and surprisingly, no one appears to have been killed in the escape, as demonstrated in the above clip. Although Ronan does come in and “cleanse” the place shortly thereafter, it’s unlikely the Guardians would be found guilty for those deaths, because their felony of escape had already been completed and they weren’t even present.
Conspiracy looks like this
This escape is a textbook case of conspiracy. The initial four all discussed breaking out of the Kyln, and it’s likely this is sufficient for conspiracy under the MPC. Model Penal Code § 5.03. Additionally, they all, including Drax, took overt actions towards furthering the crime of escape. That’s conspiracy in action.
And aggravated assault
Yep. This is aggravated assault. The MPC spells it out: “A person is guilty of aggravated assault if he . . . causes . . . injury . . . under circumstances manifesting extreme indifference to the value of human life.” Model Penal Code § 211.1
Excuses, Excuses, Excuses
It looks like the Guardians committed some serious crimes, but they may still have some solid defenses.
Gomorra could argue her escape was justified because many prisoners were actively threatening to kill her and she had no option but to escape. This defense was successfully used in Illinois v. Unger. 66 Ill.2d 333.
As for the rest of them, it looks bleak as not even an insanity defense could get them off the hook.
Thankfully for our heroes, however, Nova Prime herself swoops in and pardons the rough-riders for their crimes and sends them on their way.
How do interplanetary pardons work? That’s a discussion for another time.
By George Simons
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