Law and the Multiverse Retcon #5: The Crimes of the Mandarin

This is the fifth post in our Law and the Multiverse Retcons series, in which we discuss changes in the law (or corrections to our analysis) that affect older posts.  In this case we’re discussing a not-so-old post, this one from just a few weeks ago discussing the possible criminal liability of The Mandarin from Iron Man 3.  As with the original post, the correction requires pretty massive spoilers, so read on at your peril if you haven’t seen the movie yet (which you should, it’s great).

Originally, I had said that one way to get at The Mandarin would be “accomplice after the fact” liability, making him liable for all of the same crimes as the principals (e.g. Aldrich Killian).  This was incorrect on a couple of points, as drawn to my attention by a comment.  First, it should be accessory after the fact.  Second, being an accessory is its own offense; it doesn’t lead to accomplice liability.

However, on further consideration, I believe that The Mandarin would be an accessory for at most his first cover-up job.  After that he had an ongoing relationship with A.I.M. and could be considered a proper accomplice, since at that point he knew what his role in the organization was.

The original post has been edited to correct these errors, and the corrections have been indicated.

3 responses to “Law and the Multiverse Retcon #5: The Crimes of the Mandarin

  1. Wouldn’t it depend on what Stanley knew going forward from the first cover up? Couldn’t he claim that he’d simply been hired to star in a viral web series and then kept in the lap of (realtive) luxury? I’m a complete layperson, but this is a great blog!

  2. I’m a layperson too, and I felt really bad for the Mandarin. I didn’t like the idea of him being hauled off to jauil.

    • John McSorley

      Is it possible that jail could well be the safest place for him at that point? An awful lot of people may well not realise that he was a dupe and essentially lynch him anyway.
      Being such a gormless buffoon not sure he would be able to fit into or follow a witness protection programme.

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