Matt Murdock to Peter Parker: “I’m a really good lawyer”

Spider-Man, Spider-Man

Does whatever a spider can

Spins a web, any size

Catches thieves just like flies

Look out

Here comes the Spider-Man

Is he strong?

Listen bud

He's got radioactive blood

Can he swing from a thread?

Take a look overhead

Hey, there

There goes the Spider-Man

Happy Spider-Man Day! Today’s the day to celebrate your friendly neighborhood Spider-Man.

Spider-Man Day is celebrated each August 1 to celebrate all things Spider-Man. It was in August 1962 that Spider-Man first appeared in comic books with Amazing Fantasy #15, which had an August 1 release date. (In all honesty, though, I’m surprised Spider-Man Day isn’t celebrated in May in honor of Peter Parker’s Aunt May!)

Whether you’re into the comic books, the movies (with Tobey Maguire, Andrew Garfield, or Tom Holland as Peter Parker and his superhero alter ego), or the animated Spider-Man features with Miles Morales, Peter Parker, and Gwen Stacy, today’s the day to celebrate Stan Lee’s web-slinging crimefighter.

But throughout the comics and movies, and even video games, Spider-Man tends to get into as many legal battles as often as he tries to protect New York City and the world. Yes, he's a superhero. But others sometimes consider him a vigilante who assaults individuals for crimes without due process, endangering bystanders and causing an enormous amount of collateral damage.

And that’s where attorney Matt Murdock comes to Peter Parker’s (and Spider-Man’s) aid.

The beginning of Spider-Man: No Way Home—the third Spider-Man film in the Marvel Cinematic Universe—sees Peter Peter's identity as Spider-Man being revealed and his freedom in jeopardy as he’s being framed for the murder of Mysterio.

Enter Murduck, the alter-ego of Daredevil, who lost his eyesight as a child. In the comics, Murdock has always been depicted as a quick study, whether learning to use his other senses, training in martial arts, or earning his law degree on the way to becoming a successful defense attorney at Nelson and Murdock.

With Peter Parker, Aunt May, and Harold (“Happy”) Hogan around the kitchen table, Murdock gives Peter Parker some good news: “I don’t think any of the charges against you are going to stick.”

While Murdock provides Peter Parker this piece of legal advice, a brick smashes through the apartment’s window. Murdock demonstrates his super reflexes and catches the brick inches from Peter's outstretched fingers.

Peter Parker: “How did you just do that?”

Matt Murdock: “I’m a really good lawyer.”

Indeed, the comics, the cancelled Netflix series, and his cameos in No Way Home as well in the Disney+ She-Hulk: Attorney at Law series portray Marvel’s Man Without Fear as one of the best lawyers in New York City.

This isn’t the first time that fans have seen Murdock provide Peter Parker/Spider-Man with legal counsel. Murdock and Peter Parker (and Daredevil and Spider-Man) have enjoyed a history of lawyer-client relationships throughout the comics.

In The Amazing Spider-Man #219 (“Peter Parker -- Criminal!”), Peter Parker gets thrown in prison after working on as a Daily Bugle photographer. He wants to uncover the poor security at Ryker’s Island that supposedly has led to a series of recent escapes by inmates. During his investigation on Ryker’s, he’s able to snap some pictures of Grey Gargoyle and Jonas Harrow, who were both conspiring with the prison warden to plan the breakouts. However, it was Peter Parker who gets caught. The prison officials confiscate his camera, and he’s charged as the suspect behind the breakouts. Peter Parker spends some time in prison before Aunt May bails him out.

In court, Murdock argues that Peter Parker, as a journalist, should be charged with nothing more than mere trespass. Now out of prison, Peter Parker, donning his Spider-Man suit, attempts to find his camera, as it should contain photographic evidence that will clear his name. Spider-Man eventually retrieves the camera from a pawnshop, but Harlow immediately smashes the camera and, seemingly, the photographic evidence inside. However, in a convenient turn of events to end the 23-page comic, the pawn shop owner returns to the scene with the film he had removed from the camera, allowing Spider-Man to secure the evidence to clear Peter Parker’s name.

Ah, if only legal problems could be resolved the way comics would have us believe that can be.

So, what are the legal issues presented in The Amazing Spider-Man #219?

Conspiracy

Was Peter Parker guilty of conspiracy—presumably the conspiracy to plan the breakouts with other inmates? Conspiracy—and, in fact, all inchoate crimes (e.g., attempt and solicitation)—is a specific intent crime. This means that the defendant (or Peter Parker, in this case) must have had the intent to enter into an agreement as well as the intent to achieve the objective of the agreement. Here, there are a couple of problems for finding a conspiracy. First, Peter Parker didn’t have the intent to enter into any agreement with anyone. Second, his intent was to uncover the reasons behind the prison escapes and not to commit the prison escapes himself. Had Peter Parker gone to trial on this charge, he would have been acquitted.

Trespass

Was Peter Parker guilty of trespass? Trespass is both a crime and a tort. As far as the intentional tort of trespass goes, a property owner may be able to sue someone who enters their land without permission. With respect to criminal trespass, which is more applicable here, the prosecutor usually would need to prove that the defendant intentionally entered someone else’s property without permission or remained there after being told to leave.

Criminal trespass generally isn’t considered to be a serious crime—and that’s probably the reason Murdock conceded that crime. In some states, it may not even be charged as a misdemeanor but instead may be charged as an infraction. In New York City, where Ryker’s Island is located, Peter Parker’s conduct likely would be characterized as Criminal Trespass in the Third Degree as identified in Penal Law Section 140.10. Criminal Trespass in the Third Degree is a class B misdemeanor and is punishable by a maximum of 90 days in jail. Here, there should be no dispute that Peter Parker trespassed onto government property without permission. He was there to get information about the recent breakfast. The fact that he was acting on behalf of a newspaper doesn't provide a valid defense. The First Amendment doesn't provide the press with any special right to trespass, even if the trespass was done in order to investigate a story about a public figure or a matter of public concern. Had Peter Parker gone to trial on this charge, he would likely have been found guilty of criminal trespass.

Larceny

Was Harlow guilty of larceny for destroying Peter Parker’s camera? Larceny is an also specific intent crime, which requires that the defendant intend to permanently deprive the owner of his property. Here, Harlow smashed Peter Parker’s camera. He did so for the very purpose of destroying any photographic evidence that could have implicated him in planning the prison escapes. And, certainly, smashing the camera permanently deprived Peter Parker of that camera. Had Harlow gone to trial on this charge, he would likely have been found guilty of larceny.