Real Lawyers Defend and Prosecute Spider-Man

James McMahon
Movies Spider-Man
Movies Spider-Man Marvel MCU

With great power comes great responsibility. It’s a mantra that can be applied to your friendly neighbourhood Spider-Man, yes, but also those who stand up in courts of law and argue whether what we’ve done is right or wrong. Not us. Just a turn of phrase. We’ve done nothing wrong. We haven’t! You’ll never take us alive!

It’s a tricky business this superhero lark – vigilantes walk a fine line between hero and zero. And it’s a destructive one too. Look at any superhero profile on LinkedIn and they’ll claim they do what they do to save us, but time and again they leave chaos and destruction in their wake. J. Jonah Jameson knows this. “He was a… thief! A criminal! He’s a menace to the entire city! I want that crawling arachnid prosecuted! I want him strung up by his web! I want Spider-Man!” he roars in Sam Raimi’s Spidey trilogy, with some degree of justification.

Take Spider-Man’s actions in 2017’s Homecoming, whereupon the web-slinger hijacks an arms deal between Vulture‘s gang and buyer, Mac Gargan, using what some might describe as excessive force, imprisoning some bad guys in webs and throwing others around. Spidey even says by way of an insincere apology to the criminals, “My bad, that was a little hard” at one point, acknowledging precisely this.

Then, during a fight with Vulture and his thugs in which it is revealed Spidey has put himself in the way of an FBI sting operation, he almost destroys a ferry, endangering the lives of all on board. It takes an intervention by Iron Man to minimise the damage Spider-Man would have caused. Later, Stark seriously scolds him, and says, “What if somebody had died tonight?! Different story, right?” underlining the severity of what just went down. The upshot is that Stark confiscates his Spider-Man suit to prevent further dangerous misuse.

It’s a scene that’s lingered long in our minds (and we imagine the aforementioned Daily Bugle boss) and so, on the eve of the Web-head’s return to big-screen action in the forthcoming No Way Home, we thought we’d dig deep into the legalities of the said situation.

Spider-Man. Sinner or saint? We got two of the profession’s finest legal minds to duke it out… First, the defence!

The Defence: Proportionate Response and a Clean Record

Spider-Man-Homecoming-ferry
Spider-Man ambushes Vulture's arms deal onboard the ferry.

“What the prosecution would be going after Spider-Man for is a failed citizen’s arrest,” says Carl Newman, UK Head of White-Collar Defence and Investigations at Withers Worldwide. “Legally, a person has the power to detain someone if they think that person has committed a crime. And you can defend yourself, and you can defend others, and you can defend property. In doing all those things, you could potentially be a vigilante, but the law can cover you to a certain extent on what’s reasonable and necessary. When the ferry in the film is cut in half and that causes the endangerment of life, there’s an argument that Spider-Man went beyond what was necessary.”

Even if he was trying to do the right thing?

“From a prosecutor’s point of view, there’s a few offences that could potentially be applied,” continues Newman. “In defending Spider-Man, I’d make a general defence of defending yourself, defending others, and defending property — and making a citizen’s arrest. That would be my defence. The thing with a citizen’s arrest is that it needs to be a proportionate response, so if the thug is pointing a gun at you, and you break his bones, that’s proportionate. If the thug is using harsh language against you, it’s not proportionate. Same with self-defence. The law accepts that you can’t measure exactly how much danger you’re in or how much force someone’s going to use. But you should have a general view on whether you can use extreme force depending on whether you’re facing extreme force.”

So you think Spidey would be okay in this instance? He was trying to save people from a flying maniac with snappy wings!

Newman laughs. “Spider-Man’s definitely got a clean record. That would work in his favour. If you have good character or you’ve got no previous convictions or cautions, that works in your favour. And again, the courts take everything into consideration. If I cause huge amounts of damage because I’m being mischievous, that’s one thing. If I cause huge amounts of damage while trying to save people, that’s another.”

He adds: “I should say that with that level of damage, custody is possible. It’s not impossible. It has to be really significant — let’s say monuments and statues being damaged. We’ve all seen this recently. People don’t normally get custody for criminal damage, but if it’s something of that magnitude you can. And so a huge ferry? It’s possible.”

So while it seems like an easy win for Spider-Man, it’s certainly not an open-and-shut case. Let’s see what the prosecution has to say…

The Prosecution: Criminal Damage, Assault, and Reckless Endangerment

Spider-Man-Homecoming-ferry
Spider-Man tries very hard to put right the damage he's caused.

“I’ll be honest, prosecuting Spider-Man isn’t a job I would like to take on,” says Lyndon Harris, Prosecutor in the Crown Court and Court of Appeal at 6KBW College Hill. “But if I did? I think, partly you’ve got an issue about criminal damage here. Spider-Man is trying to help, but there’s damage being done. There’s also, I suspect, some form of assault because of his actions — people have been thrown around, there are cars going into the river. There is probably some form of reckless endangerment type offence about boats on waterways. I’d argue that he is endangering the occupants of a vessel or something like that. But it’s a tough sell.”

“It’s a tricky one because he is doing the right thing, but in doing the right thing he’s doing the wrong thing.” — Spider-Man star, Tom Holland

Harris continues, with trepidation. “If you were defending him, what you would end up saying is, ‘Well, actually, I’ve got a lawful excuse for this’. For criminal damage, you’ve got to show the damage was caused either intentionally or recklessly, meaning having some foresight that the damage might be caused. But you’ve also got to show that there’s no lawful excuse. Part of that lawful excuse defence… it’s essentially a sort of self-defence type argument because self-defence extends to the defence of another. He’s trying to save the people on the boat from drowning.

“In reality, you wouldn’t prosecute him at all, because you would expect that he’d have a pretty good run at that self-defence argument. That’s the sort of issue I’d face here — you would struggle, I think, to demonstrate that he didn’t have a lawful excuse, either as I say, in defence of another, or as sort of a related defence to that of necessity. They’d argue that the circumstances were such that this was the only thing Spider-Man could do. Really, as a prosecutor, you wouldn’t be very confident.”

Jury’s Verdict

Peter Parker Spider-Man
He's just a well-meaning schoolboy with special powers trying to do his best, bless.

Harris isn’t sure that a jury would convict Spider-Man either (unless, perhaps, they were DC Comics people, then maybe).

“I think they’d just think, well, Spider-Man’s a decent guy, and he’s doing his best’. You’ve always got to consider how the jury are going to view someone. I think they’d think that, even though the law might say, technically, he’s wrong, we’re not going to convict him because morally we think he’s on the right side of things. Think about home invasions. Say a burglar breaks into some chap’s house, and the homeowner gives him a bit of a thrashing and he’s gone a bit over the top. Put that in front of a jury… if you prosecute the homeowner for an assault, GBH or something, it’s not a particularly attractive prosecution. I think Spider-Man is fine in this instance.”

Spider-Man-Homecoming-Mac-Gargan
Bad guy Mac Gargan suffers severe facial and arm injuries as a result of Spider-Man's actions.

But, you’re likely wondering, what does Spider-Man actor Tom Holland think? We asked him to put loyalties aside and answer objectively which side he would fall on.

“It’s a tricky one,” says Holland. “Because [Spider-Man] is doing the right thing — but in doing the right thing, he’s doing the wrong thing. Sometimes you have to leave this sort of stuff to the authorities but I guess in the film the authorities weren’t listening to him so he took it into his own hands to kind of save the day. I think if I was his lawyer I could make a pretty good case as to why he was innocent and only trying to help.”

Sounds like everyone’s mostly in agreement that Spidey would get off. But could one of the thugs have a case against Spider-Man for injuries caused during the scene? Mac Gargan — aka Scorpion — for instance, who is knocked overboard during the tussle and whose severe face and arm injuries we see in a post-credits sequence.

“Well, firstly, on the criminal side of things, I suppose they could make a complaint to the police and the police could investigate him for the assault,” says Harris. “You’d have false imprisonment if he’s pinned against the wall with Spider-Man’s webs [too]. So, on the face of things, again, offences are committed there. Civil law isn’t an area that I practice in, but, certainly, one of the injured thugs could bring a civil claim against Spider-Man for damages, just like if I hit you in my car, you could bring a civil claim against me for personal injury and the emotional suffering as a result of that incident. They could do it that way.”

Newman interjects. “Forget Spider-Man,” he says. “If you really want to look at vigilantes on the ragged edge of law enforcement, it’s Batman always. His equipment, his conduct… everything he does, really, could face criminal charges.”

All of which makes nice reading for Spidey. Less nice for Jonah. Meanwhile, a certain B. Wayne of Gotham City should really be getting his affairs in order forthwith…

Additional reporting by Kim Taylor-Foster

Shang-Chi and the Legend of the Tens Rings fight coordinator Andy Cheng pits Shang-Chi against Spider-Man and other pop culture heroes — check out the outcome in the article below.

 

 

 

 

 

James McMahon
James McMahon is a journalist from the north of England, though he currently lives in east London with his wife and Ramones records. He was formerly the editor of Kerrang! magazine for absolutely ages, and now writes for Vice, The Big Issue and The Observer. He likes Bigfoot, Xbox and crisps.
Here's When Netflix's Sakamoto Days Returns for More Action and Comedy
The Netflix action-comedy anime following a retired assassin is a hit
Copied to clipboard
There's an Actual, Legitimate Chance Mindhunter Will Come Back
Star Holt McCallany has been talking to David Fincher about it
Copied to clipboard
Here's What Book You Should Read Based On Your Favorite Game
Looking to shave down your screentime? Here are some books that pack the same punch as your favorite games.
Copied to clipboard
Mario Kart World's Vibes-Based Free Roam Is Perfect
Mario Kart World isn't an open-world racing game and I love that it isn't.
Copied to clipboard
Here's Why HDR Might Look Worse On Your Switch 2
There are a few issues with the way Nintendo has implemented HDR on the Switch 2.
Copied to clipboard
Donkey Kong: Bananza - Everything We Just Learned About The Switch 2 Exclusive
From the surprise appearance of a fan-favorite Super Mario character to powerful transformations, here's everything we just learned about Bananza.
Copied to clipboard
Donkey Kong Bananza Raises The Possibility Of A DK Multiverse
Hear me out: Cranky Kong and young Pauline should not coexist.
Copied to clipboard
Borderlands 4 Adds Long Requested Features, Like Mission Replay, Seamless World
Being able to heal whenever you want is a game-changer for longer boss battles.
Copied to clipboard
Here's What Book Reacher Season 4 Will Be Based On
Star Alan Ritchson confirmed where we're headed next
Copied to clipboard
NCIS: Tony & Ziva Has a Premiere Date!
The spin-off featuring the franchise's most famous couple is coming to Paramount+
Copied to clipboard
Here's Why The Witcher 4 Is Being Developed With A Console-First Approach
CD Projekt Red has explained why it is focusing on developing The Witcher 4 for consoles first instead of PC.
Copied to clipboard
Red Dead Redemption's John Marston Actor Teases "Exciting News" Coming Soon
Rob Wiethoff is teasing news amid reports of RDR 2 coming to Switch 2, PS5, and Xbox Series X|S.
Copied to clipboard
Mario Kart World Tips And Tricks To Help You Cross The Finish Line
The first brand-new Mario Kart game in over a decade changes up the formula in exciting ways.
Copied to clipboard
MindsEye Review - Not Like This
MindsEye is a stringent and relentlessly dull video game, wasting its impressive world on formulaic mission design that's both archaic and uninspired.
Copied to clipboard
Nintendo Switch 2 Review - It's A Switch, Too
The successor to one of Nintendo's most popular pieces of hardware is a refined, premium version of what lots of gamers already loved.
Copied to clipboard
Dandadan Season 2: Release Date, Movie, How to Watch, and More
Momo and Okarun are back for more adventures with the occult
Copied to clipboard
FX's Alien: Earth Gets Its First Extended Trailer
'We don't lock them down, it will be too late'
Copied to clipboard
Steam Next Fest June 2025: 25 Of The Best Demos You Can Download Right Now
From literal walking simulators to paranoia-fueled mysteries, here's a look at some of the best demos we've seen in the June Steam Next Fest.
Copied to clipboard
Splatoon Raiders Spin-Off Game Announced For Nintendo Switch 2
A Switch 2-exclusive Splatoon spin-off has players in the role of a mechanic exploring a mysterious set of islands with the members of Deep Cut.
Copied to clipboard
Mario Kart World Review - A Worthy Marquee Launch Game
Mario Kart World expands on almost everything that made Mario Kart 8 such an enduring success, laying the foundation for years of raucous racing.
Copied to clipboard
Xbox Games Showcase Was Missing All These Major Games
Microsoft's showcased packed in a lot of announcements, but a lot of previously announced games were totally absent.
Copied to clipboard
Xbox Games Showcase 2025: All The Biggest Announcements
Here's a closer look at everything announced during this year's big annual Xbox Games Showcase.
Copied to clipboard
The Expanse Returns And All The Cool New Games Just Revealed At This Showcase
Here's a closer look at the biggest game reveals from the Future Games Show Summer Showcase.
Copied to clipboard
After Silent Hill 2, Cronos Might Complete Bloober Team's Redemption Arc
The team's follow-up to the Silent Hill 2 remake is looking impressive in its own right.
Copied to clipboard
Xbox Games Have Started Appearing On The Xbox App On PC, And No One Knows Why
After branding for Xbox PC started appearing, several Xbox games have started popping up on the Xbox app for PC.
Copied to clipboard
Fortnite Chapter 6 Season 3 Battle Pass: All Skins And Rewards
It's the first battle pass with DC Comics characters in four years.
Copied to clipboard
Everything New In Fortnite Chapter 6 Season 3: Super
It's the first time DC Comics has been on the battle pass in four years.
Copied to clipboard
Resident Evil 9 Announced At Summer Game Fest With Trailer And Release Date
After teasing fans earlier in the show, Capcom dropped a bombshell with a trailer announcing Resident Evil Requiem.
Copied to clipboard
Summer Game Fest Live 2025: All The Biggest Announcements And Games
Here's every major announcement from Geoff Keighley's video game showcase.
Copied to clipboard
Marvel's Deadpool Brings The Merc With A Mouth To Virtual Reality
This new Marvel VR game will let you find out what it's like to be Deadpool IRL.
Copied to clipboard
Amazon Prime Members Get These 9 Free Games In June
It's a light month for Prime Gaming subscribers, but there are hidden gems available this month.
Copied to clipboard
Best Nintendo Switch 2 Games At Launch
Here's an early look at the best games to play on Nintendo's new hybrid console on launch day.
Copied to clipboard
Marvel Tokon: Fighting Souls Roster - Every Character Revealed (So Far)
The next Marvel game is being developed by Arc System Works, and it features an all-star cast of heroes and villains.
Copied to clipboard
New Game Pass Titles For June 2025
The Game Pass library welcomes genre-blending survival, Crash Bandicoot, and the next big game from Remedy Entertainment in June.
Copied to clipboard
Revival Review: The Dead Return to Life, and Melanie Scrofano Returns to Syfy
They're not quite zombies, but they're causing mayhem in a Wisconsin town
Copied to clipboard
Final Fantasy Tactics Remake Is Happening: Trailer And Release Date Announced
Square Enix revealed the return of Final Fantasy's tactical spin-off with enhanced graphics and fully voiced character dialogue.
Copied to clipboard
PlayStation State Of Play June 2025: All The Biggest Announcements And Games
Over 40 minutes of game debuts and updates kicked off the summer gaming season.
Copied to clipboard
I Played Madden 26 On Switch 2 And It Didn't Suck
Madden is returning to Nintendo platforms after a 13-year absence, following EA's former abandonment of the platform as an American football space.
Copied to clipboard
Love Weird Lil Guys? Mario Kart World Is The Game For You
Cow was the eureka moment that opened the floodgates to all kinds of unconventional Mario Kart racers, and I love them.
Copied to clipboard
Destiny 2: The Edge Of Fate Draws On Metroidvanias To Bring You Back In
After previewing The Edge of Fate for 8 hours, I am excited to continue uncovering the mysteries of Kepler.
Copied to clipboard
Nintendo Switch 2 GameChat Feels Better Than It Looks
GameChat definitely isn't a marquee game-changer for Switch 2. But it's smartly designed enough to justify its existence as a nice-to-have feature.
Copied to clipboard
Switch 2 Welcome Tour Is A Surprising STEM Showpiece (But Should Be Free)
The Switch 2 Welcome Tour could be a neat, approachable way for students to learn concepts of industrial design--but only if they see it.
Copied to clipboard
The Witcher 4: Check Out 30 New Screenshots From The State of Unreal Tech Demo
The Witcher 4 is continuing to look graphically impressive.
Copied to clipboard
PlayStation State Of Play Announced For June 4
Sony's latest State of Play presentation comes during the busy period that used to include E3.
Copied to clipboard
007: First Light Is Hitman Dev's James Bond Game, Will Be Revealed This Week
IO Interactive is gearing up to reveal more information about its new James Bond adventure.
Copied to clipboard
Elden Ring Nightreign Patch Notes Include Promised Improvements For Solo Play
Here's how Elden Ring Nightreign is improved for solo players with its newest update.
Copied to clipboard
Don't Remove Switch 2's Protective Film, Nintendo Says
Nintendo placed a protective film over Switch 2's screen, and the gaming company strongly recommends leaving it alone.
Copied to clipboard
The Madden NFL 26 Cover Star Is Exactly Who You'd Guess It Is
After the Eagles' title run and his incredible season stat totals, Saquon Barkley is your Madden 26 cover star.
Copied to clipboard
Nintendo Switch 2 Launch Week Restocks - Where To Buy The Console On Launch Day
If you weren't able to secure a Switch 2 console preorder, you'll have chances both in stores and online during launch week.
Copied to clipboard
The Last of Us Season 3: Everything We Know
'We haven't seen the last of a lot of people who are currently dead in the story'
Copied to clipboard
Elden Ring Nightreign - Guides Hub
Elden Ring Nightreign is a game jam-packed with content, and we have you covered with dozens of guides to help you survive the Living Lands.
Copied to clipboard
Elden Ring Nightreign Tips You Need To Know Before You Play
Elden Ring Nightreign can be a complex experience, so we have compiled a list of beginner tips to help get you started in the Living Lands.
Copied to clipboard
The Biggest Game Releases Of June 2025
From new Nintendo hardware to the return of Sam Porter Bridges, here’s a closer look at the biggest highlights of June 2025.
Copied to clipboard
Trump's Tariffs Blocked By Court With Refunds Possible
A panel ruled that Trump has overstepped his authority.
Copied to clipboard
To A T Review - A Sweet-Natured Fable Without Much To Do
To A T is a quirky and charming story about an underexplored topic; if only the act of playing it were a little more fun.
Copied to clipboard
CFB 26 Officially Unveiled With Reveal Trailer And First Details On What's New
Here's everything new and improved for this year's College Football game from EA.
Copied to clipboard
Elden Ring Nightreign Players Warned Of PC Performance Issues In Patch Notes
Elden Ring Nightreign's day-one patch notes are here and indicate that the game may have performance issues on PC.
Copied to clipboard
Elden Ring Nightreign And Twitch Release Exclusive Launch-Event Rewards
If you're diving into Nightreign, watching or streaming the new Elden Ring title on Twitch could bag you more than just a fun time.
Copied to clipboard
EA Cancels Black Panther Game, Closes Its Developer, And Lays Off More Staff
EA is cancelling Black Panther and closing its developer, Cliffhanger.
Copied to clipboard
Elden Ring Nightreign Review - Distilled Souls
Elden Ring Nightreign successfully condenses the ER experience, cramming challenging combat, exploration, and more into a multiplayer game.
Copied to clipboard
Nintendo Switch System Update Out Now, Here Are The Patch Notes
The new 20.1.0 update makes some small tweaks to the interface to better match the upcoming Switch 2.
Copied to clipboard
The PS5 Pro Has Received Its First Discount For Days Of Play 2025
PlayStation's high-powered PS5 Pro is available for $50 off alongside deals on more hardware, accessories, and games until June 11.
Copied to clipboard
F-Zero Is Going Through A Quiet Resurgence
Between F-Zero 99's updates and a regular stream of re-releases, Nintendo's forgotten racing series is suddenly more prominent than it's been in years
Copied to clipboard
CoD Season 4 Battle Pass Adds Stitch And Two New Guns In BO6 And Warzone
New weapons, operators, and cosmetics arrive with the Season 4 battle pass.
Copied to clipboard
Switch 2 Consoles Seem To Already Be In People's Hands
Check out an early unboxing video for the Switch 2.
Copied to clipboard
PlayStation's DualSense Edge PS5 Controller Is On Sale For Its Best Price Yet
PlayStation's Days of Play 2025 sale includes $30 discounts on the pro-style PS5 controller and $20 off all regular DualSense controller colors.
Copied to clipboard
The Handmaid's Tale Series Ending Explained
All the farewells, reunions, and major moments from Hulu's Emmy winner
Copied to clipboard
Sirens Boss Reveals Where She Thinks Devon, Simone, and Michaela End Up
Netflix's miniseries ends with a twist and many question marks
Copied to clipboard
More PlayStation Plus Premium/Extra Games Revealed And Coming Very Soon
PS Plus subscribers can look forward to a diverse selection of games this month.
Copied to clipboard
The Last Of Us Showrunners Tease Season 3's New Direction
Following the Season 2 finale, The Last of Us Season 3 is shifting perspectives turning back the clock.
Copied to clipboard
Pokemon Go Delightful Days Starts June 3, Adds More New Gen 8 And 9 Pokemon
Several new Pokemon from the Galar, Paldea, and Hisui regions are making their debut during Pokemon Go's summer season.
Copied to clipboard
Fortnite Is Giving Away A Free Skin To Celebrate Return To US App Store
You can get this free skin through Fortnite Mobile for a limited time.
Copied to clipboard
Challenge Accepted | ‘Game of Thrones: Kingsroad’
Johnny Chiodini and Luke Westaway battle for the throne in 'Game of Thrones: Kingsroad'
Copied to clipboard
Squid Game and More New Netflix Shows and Movies Coming in June 2025
The light is turning green one last time in Squid Game Season 3
Copied to clipboard
CoD Season 4: Start Date, Ana De Armas Operator, Return Of Zombies Grief Mode
Here's everything we know and what we've heard so far about Black Ops 6's Season 4 update.
Copied to clipboard
Game Pass Now Has A Retro Games App, Including A PS1 Game
The new Retro Classics app on Xbox will let you access dozens of classic games from a variety of platforms.
Copied to clipboard
Catch These Five Games Before They Leave Game Pass At The End Of May
Remnant 2 is among the games leaving Game Pass on May 31, but there's still time to play them or keep them.
Copied to clipboard
Mario Kart World - 14 New Details Nintendo Just Revealed
Nintendo has revealed a boatload of new information about Mario Kart World.
Copied to clipboard
More New Game Pass Titles For May 2025 Include 2024's Best And Day-One Releases
Metaphor ReFantazio, Stalker 2, and To a T lead the second wave of titles coming to Game Pass this month.
Copied to clipboard
You Could Be Playing Battlefield 6 Playtests Very Soon, Here's How
As DICE announces an invite-only pre-alpha playtest for the new Battlefield game, here's how to access it.
Copied to clipboard
2025's Best-Selling Games So Far In The US
Here are the best-selling games of 2025 so far.
Copied to clipboard