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Old 11-17-2013, 01:01 PM   #65
The Question
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Default Re: Will Hawkeye Still be a Part of SHIELD in AoU?

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Originally Posted by cherokeesam View Post
Hawkeye killed a lot of SHIELD agents and nearly destroyed the Helicarrier.
Doesn't matter that he was under mind control at the time; that's like trying to plead innocence for committing a slew of heinous murders while you were stoned, drunk, and/or insane. In the view of the courts, he's still guilty as sin.
No. That's not true at all.

If the courts deem that you committed a crime because you were insane (which is a legal term), then that means that you're not guilty. That's why it's called pleading not guilty for reasons of insanity. You don't go to prison and it doesn't go on your criminal record. You'll probably be committed to a psychiatric hospital, but that's not the same thing as a prison sentence and it doesn't mean that the state deemed you to have been responsible for your actions. You'd be released as soon as the doctors say you're mentally healthy.

Stoned and drunk are different, because even if you weren't in full enough control of your faculties to really be responsible for your actions while high, it would still be considered reckless and get you at the very least a manslaughter charge because you're still responsible for getting that high when there was a possibility of you hurting someone while under the influence. But that's not applicable here because Hawkeye didn't get mind controlled on purpose. He was, effectively, drugged. And if someone doses you with enough psychotropics and stimulants that you see monsters attacking you everywhere and have no sense of where you are and what's going on, and the next day when you come out of it you find that one of the "monsters" you beat off with a stick was actually a person, you're not going to be considered "guilty as sin" because you did not at the time have the mental competence to control your actions responsibly.

Granted, mind control doesn't exist so there isn't a legal precedent for it, but I don't see any reason why a court would find him to be guilty of what Loki made him do.

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