batfic_contest Winnar!
Title: Durham Rule
Fandom: Batman/Nolanverse
Characters/Pairings: Harvey Dent. With guest appearances by DA Eckhart (Ahaha, I love my Meta) and Judge Nolan ( See? Meta!)
Challenge: Killer or Hero?
Wordcount: 2910
Universe: ...That's tough. I'm going to go with Nolanverse because I suck like that, but there are definite elements of Long Halloween Continuity.
Rating: PG-13 for language.
Summary: The ultimate sentence for Harvey Dent, former District Attorney turned Criminal who-like most lawyers, chose to represent himself.
Notes: Okay. I bought a copy of Barrow’s legal Dictionary (most recent addition) best not to ask why, but it did provide some handy-dandy reference material for this. Just so you know:
Durham Rule- is defined as “A test of criminal responsibility, adopted by the District of Columbia Court of appeals in 1954.” Which states that “an accused is not criminally responsible if is unlawful act was the product of mental disease or mental defect”
Ignorita Legis Non excusat- Is basically defined as “Ignorance of the Law is not an excuse”. In short, if you don’t KNOW that a traffic light means STOP and you DON’T STOP that means that you can still be prosecuted fori t.
If y’know, any of y’all are legal scholars or law students feel free to correct me.
Caught and prosecuted, the creature that was Harvey Dent regards his defense attorney with his bad eye. He has nothing but contempt for this sheep, this fool, and this weakling whose only goal seems to be to sit and appear ready to soil himself at his appearance. Once he would have chided him gently, sharing his expertise and genius.
Now he felt only contempt.
“-We should-“ He’d been babbling those two words for the better part of a half an hour. Should, should, should do what?
He contemplating strangling the boy, only because he was so damn tired. Anything to get him to shut the fuck up. He reached a hand up to message his temple, trying in vain to think of something to do-some course of action-
There was nothing. Nothing since Maroni and his acid. Nothing since the incredible pain, the extreme separation and the knowledge that ultimately Justice was his to hand out, his to use to persecute…
No, No the word was prosecute. His to prosecute. He was a district attorney (wasn’t he?) An officer of the governmental body under which he or she is operating, such as a state, county, or municipality, with the duty ot prosecute all those accused of crimes.
Is that really what you think?
The statement was contradictory. The very words were mistakes. How could the man who was supposed to accomplish this be a criminal? Who would prosecute the watchmen?
You’re such a fucking tool Dent.
His eyes close as the public defender sitting across from him starts rifling through papers again, apparently trying to make notes. His former superior must have disgusted him-hell, he disgusted himself…
This is no different then what we were before you stupid fuck.
What we were before, Harvey Dent thinks ruefully, is a man with an amusing tic. Flipping coins was something funny, it was not supposed to decide life and death. He was paralyzed now, like the kid caught eating too much candy.
The ability to see both sides of an issue was something of use to an officer of the court. It made him a sympathetic prosecutor until he had become consumed by…
By what? The truth?
His other half (his better half, thank you very much) stood smiling at him in the recesses of his mind. Free, finally out and ousted, he reveled in the world around him and felt nothing but contempt for the man from which he’d been born.
For the first time in his life, Harvey Dent realized that seeing both sides of the issue wasn’t the same as understanding them, and that feeling pity for the condemned was not the same as sympathy. There could be no law without the human element, something he had inexplicably lost long before his supposed death at the hands of that twice-damned mob boss.
“…Do you have a quarter?”
The Public Defender stares at him aghast. That coin was evidence in a murder trial, he’d been specifically ordered to keep all coins away from the man looking at him-half in shadow and half out. Harvey had moved to keep the man from staring; it was…not pleasant to say the least.
“…I-“
“It’s a simple question.” Two-Face rasped, “One you can’t turn around, can’t confuse with your legal Jargon you stupid little shit. Do you have a fucking coin or not?”
Instinct compels the public defender to flinch. He’d read somewhere (or been taught somewhere) that all power derives from you. There is only power and fear, and the more power you lend to people the more likely it is that you’ll fear them, respect them, obey them. He stared at the former District Attorney, a man he’d respected and admired- dedicated, devoted.
War torn, ruined by the very city he’d sworn to protect.
The two regarded each other quietly before, seemingly coming to a decision; he pulled out a coin from his pocket, “…Mr. Dent.”
Harvey found a surge of compassion, the strength of which he hadn’t felt since he first began to practice. Two-Face chuckled.
Fuckin’ Tool.
He’s a good kid. Harvey put a hand on the paper, feeling the familiar round object beneath his fingertips. He pitied the poor guy-if he didn’t loose his job over this the way things were going…Harvey might kill him himself.
Now there’s an idea.
Imagine the impatience, the frustration, and the anger. To be unable to come to a conclusion, to be unable to function in the most basic of means. Frozen, Harvey stared down at the coin as Two-Face’s uproarious laughter echoed in his head.
…G’wan now Harv. Heads…
Heads we help the kid.
And Tails…
Harvey recoiled. The things that men were capable of, responsible for. The irony wasn’t lost on him. How often had he wondered what the people he was prosecuting would do to him if he were alone?
The scariest part was the knowledge, the cold firm realization in his gut that if that coin hit tails he could move-quick as a flash-and stab this measly fucking pencil pusher in the neck.
And how sweet would that be? Two Face smiled, Could it be that you’re going to enjoy this? Coming up with that’s rather creative-did you fantasize about that Harvey?
No…
He wanted to warn the man as he flipped the coin in the air.
Warn him. G’wan. Ask him how much he’s lost on a coin toss. Ask him how he thinks he’ll talk when his windpipe is severed. Ask him about that wedding ring. Will his bride miss him when we cut his throat? Ask him what he thinks of this system, this system that allows men who were doing the best that they could to be punished for doing what should have been done when men like Maroni walk free. Ask him how it feels to have a man he respects be labeled a killer so quickly as his blood spills across the-
The sound of metal hitting flesh makes the Defender Jump.
…Aww shit.
Harvey finds himself grinning. It must look revolting. It hurts like hell too, pulling in places it shouldn’t. This started with a clown, someone who makes people smile. It seems only fitting that it end with him not knowing happiness ever again. The symmetry is pleasant…
To say the least.
“…I’m relieving you as council.”
The Public Defender sits up straight, “…Mr. Dent?”
“…I’m firing you. I’m representing myself. As your last act you can request a gag order from Judge Nolan. Tell him I’ll meet with whatever experts he wants to see me for my…” His mouth twists, “713.”
“Mr. Dent…” there a dozen and one reasons why this is a bad idea. They run through his head on quiet feet before he stands. The former District Attorney’s eyes are full of sadness, “…As my last act as your council…I want to say that-“
He licks his lips, “It was a pleasure working for you.” Pause, “With you, helping you. Whatever happens…I’m sorry.”
Sorry?
Harvey’s hands find the pen.
Sorry that what? You and all the little ants took everything that I offered, everything that I was willing to give? Sorry that you climbed into my kitchen, ate my food and left me nothing but disease spread out like sores across this face? I had everything you stupid fuck, and you people took it way because of this antiquated notion of Justice! You made me into what I am, a Hero labeled a killer because none of you had the stones to do what needed to be done! Where is the justice in that!
The very rule of law is to find a balance. Harvey knows that, but he's hurting too much to acknowledge it. One for one, an eye for an eye, the scales are even It's so unfair. For the thousands of men that Maroni and his goons had killed one life, one good life would have to be sacrificed for tipping the scales in the favor of good.
Damn it.
Harvey’s voice is paper thin as his throat works. He ignores the screaming in his head, every emotion he repressed, he tried to bury down deep. His complete and utter hatred for the people he’d sworn to protect.
“…I think you should go and do what I asked. Please.”
The light goes off by the time that he leaves. Harvey curls up atop the man’s legal files in the darkness willing him not to think.
You who have such faith.
Two-Face stares down at him in contempt.
Don’t you see that I’m trying to save you Harvey? Heroes are like Kleenex, they use them to wipe away the snot and pus of the world before throwing them away in favor of a clean one-white and strong.
Harvey doesn’t say a word. His hand moves.
There’s only one in the end. One side. One motivation. You can’t do good so damn those who get in your way. We can kill them all. We can kill them all and make them pay-vengeance for you and truth for me. There’s only one law, no books, no professors, no clean white men in clean robes. No blind woman. You know why she’s blind? Because she closes her eyes to the truth. Only one law, Kill or be killed. Eat or be eaten.
He ignores him. The paper’s half filled. Talking to yourself is a sign of insanity after all.
---------
“Mr. Dent, I can honestly say that I…am hesitant to agree to this.”
Judge Nolan is unimpressive. Harvey has never argued before him before. He’s never even met the man. Ironic. He allows himself a moment to wonder what he’d talk to him about if circumstances were different. Would they meet for golf? Discuss his DAs? Discuss the family he’d never have?
“Were it not for Mr. Sale’s plea on your behalf I wouldn’t agree to it at all. You’re guilty of the murders of at least three people-these are capitol crimes.”
“Yes your honor.”
“…As it is, after declaring you fit to stand trial and assist in your own defense this court has agreed to hear your argument. You’ve heard what Mr. Eckhart has had to say…”
Harvey knew Eckhart only briefly. He’d been hired on shortly after his election and he’d been unable to actually meet the man. Their gazes met before his former subordinate turns away. Got the eye for human weakness, not the stomach. He thinks You’ll never make it in this town.
Poor bastard.
This is the part where I’m supposed to sit down and shut up right? Two-Face had watched the spectacle begrudgingly. Going to have to do a hell of alot more then that to keep me down Harv-keep us down...
Harvey ignores him. They flipped on it. It takes every ounce of control he has, every muscle in his body to remain perfectly still-
And speak.
“Law, your honor, is defined as the legislative pronouncement of the rules which should guide one’s actions in society; “The aggregate of those rules and principals of conduct decided by the legislative authority or established by local custom. Our laws are derived from a combination of the divine or moral laws, the laws of nature, and the laws of human experience.
I, as a former officer of this court swore to protect and defend these laws-created by the human experience over generations. Handed down by god, put into word by man, and made a code to live by, I was placed in a position of power to-as the saying goes “watch the watchmen”. It is a position many men would envy and I used it to my advantage both as a political tool and as a function of my position. I submit to you your honor, along with the people gathered here today, that I failed in my sacred trust-long before the accident that has left me disfigured and labeled the criminal…”
He hesitated here, his alter ego smirking at him, fingers writhing in his subconscious, “…Two-Face”
“Legal duty, law itself, is about the search for truth. I lied and I schemed to accomplish what I thought was for the good…and when I saw the true evil of Gotham I erred in judgment. Judgment crippled by debilitating incidents that I neglected to share with the populace at large for my own welfare and sanity."
They flinch. Like it or not his past is on the record, they know the kind of man his father was. They do the best they can to not look away, to hide the pity and revulsion in their eyes. Is there any creature more unfortunate on earth then an unloved child? It's no wonder most of them choose to be killers, their heroes are nothing to speak of.
I refuse to make excuses. In the end, I am responsible for my actions. I killed three people because I felt that the deserved to die for their crimes against…against me and against the people of Gotham that I had sworn to protect.
My record, your honor, speaks for itself. I am-“ his voice broke, “I was the youngest district Attorney to take the bench in Gotham City. I have argued numerous cases before numerous judges. I will not say that I am infallible, my current state proves that I am mortal like all men, but I ask that in your decision you take into account that someone of my stature, my recognized legal expertise. The concept of Ignorita Legis Non excusat applies. I knew that I was responsible for what I was doing-that to take a human life-no matter who it was-was inexcusable.
People once called me a Hero, a Savior. Yet here I stand, accused and defamed as a Killer throughout Gotham City. The question of what I am has yet to be determined, but I ask that my record be concerned, my work with Gotham city surely shows that I am not beyond redemption. A man who accomplished all of the things I did and have yet to do surely deserves the benefit of the doubt. You are faced with a decision tonight, is Gotham City’s district attorney, the man the media once proclaimed the “White Knight” of Gotham, A killer or a Hero? Did he do the right thing, killing three self-declared Mob Family members-“
His chest heaved, “…Or did he take the lives of three people who did not deserve it?”
“…I submit your Honor that the only reasonable action in a case of this magnitude, a case where justice for three men and the life of a fourth hang on a figure who-“ he managed a bark of laughter, “…Who has difficulty making a decision such as myself hangs on your opinion. The facts of the case are these. I am…I am unwell. I accept that. I admit that I am and I-with this court’s blessing am willing to heal. I stand before you with what I see as the only reasonable legal recourse. I am a man who is a Hero and a villain, a killer who thought honestly that he was doing the right thing when by all rights I should have known that what I was doing was wrong. There cannot be anything mentally sound in my judgment. Let me heal, let me take responsibility for my crimes and let me find out this answer-Hero or Killer, monster or man, for myself.”
Almost complete. Now for the final thrust, the killing blow, “…These laws, these rules that we have built upon human experience are subject to change to meet the evils of the world. I do not think that History will vindicate me, but it has the right to see my case through to the end. Let me heal your honor so that I may face up to whatever the law will have to say to a whole man…not a half of one.”
Two Face’s “Two halves” comment goes unnoticed as Harvey sits, weary. The police tighten their grip on their guns as Judge Nolan leans back in his chair staring-unflinchingly-at the District Attorney’s ruined face.
“…I’d heard you were good. I didn’t know you were that long winded.”
He smiles. His fingers reach for a pen on the desk, “…I’ll be short. Mr. Dent, your record with Gotham hasn’t gone unnoticed. Nor has the…circumstances of your condition.”
He nodded mutely, “temporary or not, it is clear to me that Durham’s Rule applies very clearly in your case. Does the District Attorney want to add anything to that?”
Two-Face snorts as Harvey starts to rise, his good side’s mouth opened wide. Across the aisle, Eckhart shakes his head, “no your honor. The People will abide by the decision of this court.”
“…Then, Harvey Dent I sentence you to a term in Gotham City’s Arkham Asylum until you are deemed fit to re-enter society or can be prosecuted for your crimes against the people of this city.”
The Gavel goes down, “…one of the most Elegant arguments for temporary insanity I’ve ever heard. For what it’s worth Mr. Dent…”
The Bailffs stop escorting him as the Judge rubs at one of his eyes.
“…There are two sides to everyone. It’s possible to be both a killer and a hero. The question is which you are the most-which side you reveal to the public. I am erring on the side that the legal scholar-the man I moved to this city to work with will prevail.”
Two-Face has been far too patient, “…You’re gonna have a long fuckin’ wait for that partner.”
Nolan’s eyes are full of sadness, “…It’s a wait I will be willing to endure. It’s not as simple as a Killer and a Hero. It’s good versus Evil in the most basic sense, and evil cannot win forever, we have to hold onto that Mr. Dent. Otherwise it is no good to ask us to wait, because we wait in vain.”
The prattling in his head is ignored as Harvey manages a grateful smile, “…Thank you, your honor.”
You’re a fool of epic proportions.
He resists only slightly as they escort him out.
Fandom: Batman/Nolanverse
Characters/Pairings: Harvey Dent. With guest appearances by DA Eckhart (Ahaha, I love my Meta) and Judge Nolan ( See? Meta!)
Challenge: Killer or Hero?
Wordcount: 2910
Universe: ...That's tough. I'm going to go with Nolanverse because I suck like that, but there are definite elements of Long Halloween Continuity.
Rating: PG-13 for language.
Summary: The ultimate sentence for Harvey Dent, former District Attorney turned Criminal who-like most lawyers, chose to represent himself.
Notes: Okay. I bought a copy of Barrow’s legal Dictionary (most recent addition) best not to ask why, but it did provide some handy-dandy reference material for this. Just so you know:
Durham Rule- is defined as “A test of criminal responsibility, adopted by the District of Columbia Court of appeals in 1954.” Which states that “an accused is not criminally responsible if is unlawful act was the product of mental disease or mental defect”
Ignorita Legis Non excusat- Is basically defined as “Ignorance of the Law is not an excuse”. In short, if you don’t KNOW that a traffic light means STOP and you DON’T STOP that means that you can still be prosecuted fori t.
If y’know, any of y’all are legal scholars or law students feel free to correct me.
Caught and prosecuted, the creature that was Harvey Dent regards his defense attorney with his bad eye. He has nothing but contempt for this sheep, this fool, and this weakling whose only goal seems to be to sit and appear ready to soil himself at his appearance. Once he would have chided him gently, sharing his expertise and genius.
Now he felt only contempt.
“-We should-“ He’d been babbling those two words for the better part of a half an hour. Should, should, should do what?
He contemplating strangling the boy, only because he was so damn tired. Anything to get him to shut the fuck up. He reached a hand up to message his temple, trying in vain to think of something to do-some course of action-
There was nothing. Nothing since Maroni and his acid. Nothing since the incredible pain, the extreme separation and the knowledge that ultimately Justice was his to hand out, his to use to persecute…
No, No the word was prosecute. His to prosecute. He was a district attorney (wasn’t he?) An officer of the governmental body under which he or she is operating, such as a state, county, or municipality, with the duty ot prosecute all those accused of crimes.
Is that really what you think?
The statement was contradictory. The very words were mistakes. How could the man who was supposed to accomplish this be a criminal? Who would prosecute the watchmen?
You’re such a fucking tool Dent.
His eyes close as the public defender sitting across from him starts rifling through papers again, apparently trying to make notes. His former superior must have disgusted him-hell, he disgusted himself…
This is no different then what we were before you stupid fuck.
What we were before, Harvey Dent thinks ruefully, is a man with an amusing tic. Flipping coins was something funny, it was not supposed to decide life and death. He was paralyzed now, like the kid caught eating too much candy.
The ability to see both sides of an issue was something of use to an officer of the court. It made him a sympathetic prosecutor until he had become consumed by…
By what? The truth?
His other half (his better half, thank you very much) stood smiling at him in the recesses of his mind. Free, finally out and ousted, he reveled in the world around him and felt nothing but contempt for the man from which he’d been born.
For the first time in his life, Harvey Dent realized that seeing both sides of the issue wasn’t the same as understanding them, and that feeling pity for the condemned was not the same as sympathy. There could be no law without the human element, something he had inexplicably lost long before his supposed death at the hands of that twice-damned mob boss.
“…Do you have a quarter?”
The Public Defender stares at him aghast. That coin was evidence in a murder trial, he’d been specifically ordered to keep all coins away from the man looking at him-half in shadow and half out. Harvey had moved to keep the man from staring; it was…not pleasant to say the least.
“…I-“
“It’s a simple question.” Two-Face rasped, “One you can’t turn around, can’t confuse with your legal Jargon you stupid little shit. Do you have a fucking coin or not?”
Instinct compels the public defender to flinch. He’d read somewhere (or been taught somewhere) that all power derives from you. There is only power and fear, and the more power you lend to people the more likely it is that you’ll fear them, respect them, obey them. He stared at the former District Attorney, a man he’d respected and admired- dedicated, devoted.
War torn, ruined by the very city he’d sworn to protect.
The two regarded each other quietly before, seemingly coming to a decision; he pulled out a coin from his pocket, “…Mr. Dent.”
Harvey found a surge of compassion, the strength of which he hadn’t felt since he first began to practice. Two-Face chuckled.
Fuckin’ Tool.
He’s a good kid. Harvey put a hand on the paper, feeling the familiar round object beneath his fingertips. He pitied the poor guy-if he didn’t loose his job over this the way things were going…Harvey might kill him himself.
Now there’s an idea.
Imagine the impatience, the frustration, and the anger. To be unable to come to a conclusion, to be unable to function in the most basic of means. Frozen, Harvey stared down at the coin as Two-Face’s uproarious laughter echoed in his head.
…G’wan now Harv. Heads…
Heads we help the kid.
And Tails…
Harvey recoiled. The things that men were capable of, responsible for. The irony wasn’t lost on him. How often had he wondered what the people he was prosecuting would do to him if he were alone?
The scariest part was the knowledge, the cold firm realization in his gut that if that coin hit tails he could move-quick as a flash-and stab this measly fucking pencil pusher in the neck.
And how sweet would that be? Two Face smiled, Could it be that you’re going to enjoy this? Coming up with that’s rather creative-did you fantasize about that Harvey?
No…
He wanted to warn the man as he flipped the coin in the air.
Warn him. G’wan. Ask him how much he’s lost on a coin toss. Ask him how he thinks he’ll talk when his windpipe is severed. Ask him about that wedding ring. Will his bride miss him when we cut his throat? Ask him what he thinks of this system, this system that allows men who were doing the best that they could to be punished for doing what should have been done when men like Maroni walk free. Ask him how it feels to have a man he respects be labeled a killer so quickly as his blood spills across the-
The sound of metal hitting flesh makes the Defender Jump.
…Aww shit.
Harvey finds himself grinning. It must look revolting. It hurts like hell too, pulling in places it shouldn’t. This started with a clown, someone who makes people smile. It seems only fitting that it end with him not knowing happiness ever again. The symmetry is pleasant…
To say the least.
“…I’m relieving you as council.”
The Public Defender sits up straight, “…Mr. Dent?”
“…I’m firing you. I’m representing myself. As your last act you can request a gag order from Judge Nolan. Tell him I’ll meet with whatever experts he wants to see me for my…” His mouth twists, “713.”
“Mr. Dent…” there a dozen and one reasons why this is a bad idea. They run through his head on quiet feet before he stands. The former District Attorney’s eyes are full of sadness, “…As my last act as your council…I want to say that-“
He licks his lips, “It was a pleasure working for you.” Pause, “With you, helping you. Whatever happens…I’m sorry.”
Sorry?
Harvey’s hands find the pen.
Sorry that what? You and all the little ants took everything that I offered, everything that I was willing to give? Sorry that you climbed into my kitchen, ate my food and left me nothing but disease spread out like sores across this face? I had everything you stupid fuck, and you people took it way because of this antiquated notion of Justice! You made me into what I am, a Hero labeled a killer because none of you had the stones to do what needed to be done! Where is the justice in that!
The very rule of law is to find a balance. Harvey knows that, but he's hurting too much to acknowledge it. One for one, an eye for an eye, the scales are even It's so unfair. For the thousands of men that Maroni and his goons had killed one life, one good life would have to be sacrificed for tipping the scales in the favor of good.
Damn it.
Harvey’s voice is paper thin as his throat works. He ignores the screaming in his head, every emotion he repressed, he tried to bury down deep. His complete and utter hatred for the people he’d sworn to protect.
“…I think you should go and do what I asked. Please.”
The light goes off by the time that he leaves. Harvey curls up atop the man’s legal files in the darkness willing him not to think.
You who have such faith.
Two-Face stares down at him in contempt.
Don’t you see that I’m trying to save you Harvey? Heroes are like Kleenex, they use them to wipe away the snot and pus of the world before throwing them away in favor of a clean one-white and strong.
Harvey doesn’t say a word. His hand moves.
There’s only one in the end. One side. One motivation. You can’t do good so damn those who get in your way. We can kill them all. We can kill them all and make them pay-vengeance for you and truth for me. There’s only one law, no books, no professors, no clean white men in clean robes. No blind woman. You know why she’s blind? Because she closes her eyes to the truth. Only one law, Kill or be killed. Eat or be eaten.
He ignores him. The paper’s half filled. Talking to yourself is a sign of insanity after all.
---------
“Mr. Dent, I can honestly say that I…am hesitant to agree to this.”
Judge Nolan is unimpressive. Harvey has never argued before him before. He’s never even met the man. Ironic. He allows himself a moment to wonder what he’d talk to him about if circumstances were different. Would they meet for golf? Discuss his DAs? Discuss the family he’d never have?
“Were it not for Mr. Sale’s plea on your behalf I wouldn’t agree to it at all. You’re guilty of the murders of at least three people-these are capitol crimes.”
“Yes your honor.”
“…As it is, after declaring you fit to stand trial and assist in your own defense this court has agreed to hear your argument. You’ve heard what Mr. Eckhart has had to say…”
Harvey knew Eckhart only briefly. He’d been hired on shortly after his election and he’d been unable to actually meet the man. Their gazes met before his former subordinate turns away. Got the eye for human weakness, not the stomach. He thinks You’ll never make it in this town.
Poor bastard.
This is the part where I’m supposed to sit down and shut up right? Two-Face had watched the spectacle begrudgingly. Going to have to do a hell of alot more then that to keep me down Harv-keep us down...
Harvey ignores him. They flipped on it. It takes every ounce of control he has, every muscle in his body to remain perfectly still-
And speak.
“Law, your honor, is defined as the legislative pronouncement of the rules which should guide one’s actions in society; “The aggregate of those rules and principals of conduct decided by the legislative authority or established by local custom. Our laws are derived from a combination of the divine or moral laws, the laws of nature, and the laws of human experience.
I, as a former officer of this court swore to protect and defend these laws-created by the human experience over generations. Handed down by god, put into word by man, and made a code to live by, I was placed in a position of power to-as the saying goes “watch the watchmen”. It is a position many men would envy and I used it to my advantage both as a political tool and as a function of my position. I submit to you your honor, along with the people gathered here today, that I failed in my sacred trust-long before the accident that has left me disfigured and labeled the criminal…”
He hesitated here, his alter ego smirking at him, fingers writhing in his subconscious, “…Two-Face”
“Legal duty, law itself, is about the search for truth. I lied and I schemed to accomplish what I thought was for the good…and when I saw the true evil of Gotham I erred in judgment. Judgment crippled by debilitating incidents that I neglected to share with the populace at large for my own welfare and sanity."
They flinch. Like it or not his past is on the record, they know the kind of man his father was. They do the best they can to not look away, to hide the pity and revulsion in their eyes. Is there any creature more unfortunate on earth then an unloved child? It's no wonder most of them choose to be killers, their heroes are nothing to speak of.
I refuse to make excuses. In the end, I am responsible for my actions. I killed three people because I felt that the deserved to die for their crimes against…against me and against the people of Gotham that I had sworn to protect.
My record, your honor, speaks for itself. I am-“ his voice broke, “I was the youngest district Attorney to take the bench in Gotham City. I have argued numerous cases before numerous judges. I will not say that I am infallible, my current state proves that I am mortal like all men, but I ask that in your decision you take into account that someone of my stature, my recognized legal expertise. The concept of Ignorita Legis Non excusat applies. I knew that I was responsible for what I was doing-that to take a human life-no matter who it was-was inexcusable.
People once called me a Hero, a Savior. Yet here I stand, accused and defamed as a Killer throughout Gotham City. The question of what I am has yet to be determined, but I ask that my record be concerned, my work with Gotham city surely shows that I am not beyond redemption. A man who accomplished all of the things I did and have yet to do surely deserves the benefit of the doubt. You are faced with a decision tonight, is Gotham City’s district attorney, the man the media once proclaimed the “White Knight” of Gotham, A killer or a Hero? Did he do the right thing, killing three self-declared Mob Family members-“
His chest heaved, “…Or did he take the lives of three people who did not deserve it?”
“…I submit your Honor that the only reasonable action in a case of this magnitude, a case where justice for three men and the life of a fourth hang on a figure who-“ he managed a bark of laughter, “…Who has difficulty making a decision such as myself hangs on your opinion. The facts of the case are these. I am…I am unwell. I accept that. I admit that I am and I-with this court’s blessing am willing to heal. I stand before you with what I see as the only reasonable legal recourse. I am a man who is a Hero and a villain, a killer who thought honestly that he was doing the right thing when by all rights I should have known that what I was doing was wrong. There cannot be anything mentally sound in my judgment. Let me heal, let me take responsibility for my crimes and let me find out this answer-Hero or Killer, monster or man, for myself.”
Almost complete. Now for the final thrust, the killing blow, “…These laws, these rules that we have built upon human experience are subject to change to meet the evils of the world. I do not think that History will vindicate me, but it has the right to see my case through to the end. Let me heal your honor so that I may face up to whatever the law will have to say to a whole man…not a half of one.”
Two Face’s “Two halves” comment goes unnoticed as Harvey sits, weary. The police tighten their grip on their guns as Judge Nolan leans back in his chair staring-unflinchingly-at the District Attorney’s ruined face.
“…I’d heard you were good. I didn’t know you were that long winded.”
He smiles. His fingers reach for a pen on the desk, “…I’ll be short. Mr. Dent, your record with Gotham hasn’t gone unnoticed. Nor has the…circumstances of your condition.”
He nodded mutely, “temporary or not, it is clear to me that Durham’s Rule applies very clearly in your case. Does the District Attorney want to add anything to that?”
Two-Face snorts as Harvey starts to rise, his good side’s mouth opened wide. Across the aisle, Eckhart shakes his head, “no your honor. The People will abide by the decision of this court.”
“…Then, Harvey Dent I sentence you to a term in Gotham City’s Arkham Asylum until you are deemed fit to re-enter society or can be prosecuted for your crimes against the people of this city.”
The Gavel goes down, “…one of the most Elegant arguments for temporary insanity I’ve ever heard. For what it’s worth Mr. Dent…”
The Bailffs stop escorting him as the Judge rubs at one of his eyes.
“…There are two sides to everyone. It’s possible to be both a killer and a hero. The question is which you are the most-which side you reveal to the public. I am erring on the side that the legal scholar-the man I moved to this city to work with will prevail.”
Two-Face has been far too patient, “…You’re gonna have a long fuckin’ wait for that partner.”
Nolan’s eyes are full of sadness, “…It’s a wait I will be willing to endure. It’s not as simple as a Killer and a Hero. It’s good versus Evil in the most basic sense, and evil cannot win forever, we have to hold onto that Mr. Dent. Otherwise it is no good to ask us to wait, because we wait in vain.”
The prattling in his head is ignored as Harvey manages a grateful smile, “…Thank you, your honor.”
You’re a fool of epic proportions.
He resists only slightly as they escort him out.