State v. Han Solo

Finally, an answer to the age-old question: Would Han be found guilty of the murder of Greedo the Young in a court of law. This article will show, beyond a reasonable doubt, that Han Solo should be found ‘not guilty.’

(Go here for a list of the Top 10 Space Crimes)

“But wait!” You should probably be thinking. “How can we know that? What are murder laws like in space?” The short answer is space is the final frontier, and therefore we developed the Intergalactic Multiverse Court to fill in the gaps.

And now, I'll beat both Coop and Dr. Strange to the gun by writing the first opinion.

But first, look at little Greedo dancing

1. Lack of evidence against Mr. Solo

The prosecution could potentially seek three distinct outcomes. First- or second-degree murder, or manslaughter. In all cases, they will have to prove all elements of the crime beyond a reasonable doubt.

If the prosecution seeks first-degree murder they will need to prove that the murder was willful, deliberate, and premeditated. As stated in the American Jurisprudence 2 edition, they must show that he “

1. Committed an unlawful killing; 
2. With malice aforethought; and 
3. Deliberate premeditation or extreme atrocity or cruelty. (40 Am Jur 2d Homicide § 38).

Looking at the elements, you might be thinking, “What is ‘malice aforethought?” To which the Am. Jur. 2d. would respond, “Malice . . . is defined as an act done with either an intent to kill, an intent to commit great bodily harm, or an intent to create a very high risk of death or great bodily harm with knowledge that death or great bodily harm is the probable result” (40 Am Jur 2d Homicide § 36).

So you could say, at the very minimum, that Han acted with intent to create a very high risk of great bodily harm, with knowledge that great bodily harm would be the result. And I think you would be right.

However, in general, you would be hard pressed to show that he acted with “deliberate premeditation or extreme atrocity or cruelty.”

The prosecution might seek a conviction of second-degree murder. The elements of which are:

1. A death; 
2. The death was caused by an act of the defendant; 
3. The defendant acted with malice; and 
4. The defendant did not have a lawful justification or excuse for causing the death. (40 Am Jur 2d Homicide § 44)

Or at the very least, the prosecution will want to get him with some form of manslaughter. Meaning, “an unlawful killing of a human being done without malice, either in a sudden quarrel or unintentionally while in the commission of an unlawful act.” (40 Am Jur 2d Homicide § 46).

You might have looked at the elements and thought, “He’s got to be guilty of at least one of those crimes.” But, as usual, you would be wrong. Where’s the evidence? What are they using, laser blasters? I’m no expert, but I’m pretty sure there’s no traceable ballistics report on a blaster. And even if there was, where is Han? Oh, that’s right, he’s in the Millennium Falcon fighting for the Rebellion. Good luck getting him or his gun extradited.

And finally, no witnesses. Sure there were people there, but did anyone actually see him fire the shot? For all they know Greedo’s gun just backfired. And even if they did see it, who’s going to tell on Han Solo? In the immortal words of Margot Zemach, “’Not I’ said the pig.”

Sure, there were cameras there – the very cameras through which we viewed the entire debacle – but let’s be real, what are the chances of anything ‘George Lucas’ getting into court? They’re zero. His whole life is hearsay.

But hey, I wouldn’t be surprised if you fight me on this. Which is why I’ve come up with a fool-proof plan; self-defense. I mean, really, what self-respecting, bounty-hunting, smuggler hasn’t used the self-defense defense before?

2. Even if there is sufficient evidence, self-defense required Mr. Solo to shoot.

Let’s go through the factors here:

1. Han needed to be in a place he was allowed to be in. (40 Am Jur 2d Homicide § 134). When was the last time cantina’s had rules about who could come in? Don’t answer that question.
2. Han must have feared imminent death. Id. This is a subjective standard, meaning that his belief didn’t have to be reasonable, he just had to actually have believed it. Id. Han’s belief was reasonable. He knew Greedo, had worked with Greedo. He knew he was a killer. And to add to the reality of the threat, after saying he’d rather die than give up the Millennium Falcon, Greedo said he had been looking forward to this for a while. What was Han supposed to think? He showed he took Greedo at his word when he stated, “I’ll bet you have.”
3. Self-defense requires that you retreat from the situation if possible. Id. Han couldn’t retreat, he was cornered, at gunpoint, in a cantina. But even then, he tried to talk Greedo down. He told him he had the money and that he would get it Jabba. He tried to diffuse the situation.
4. Finally, he can’t have used excessive force. Id. Han didn’t use excessive force. His tactic was surgical. A single shot that would allow escaping the imminent danger. There was no hatred in his actions. There was no brutality. He simply did what needed to be done.

3. The Felony Murder Rule doesn't apply.

Now, I know what you’re thinking. “He has to be guilty of something! He’s a criminal!” What you’re alluding to is the felony murder rule. If you kill someone in connection with another felony, then you can be tried for murder with only proving the killing.

There is simply no evidence that Han was committing any type of felony at the time of the murder, and the fact that the killing was in relation to a smuggling operation is not enough of a connection. (40 Am Jur 2d Homicide § 142). Even though the altercation came about because of a smuggling mishap, self-defense still applies.

Han may not be the most morally upright supporting protagonist, but legally, he’s no murderer.

(Go here or here for more in depth of analysis of the tough question of Space Law).

Let me know what you think I missed in the comments below!

By Grayson Bowman