Levistus's_Leviathan
5e Freelancer
False equivalency. Drag racing is illegal for a reason, because it can and does cause accidents like this. It is inherently dangerous and they knew better than doing that, but chose to not heed the warnings of the law. Accidentally killing someone due to your own negligence is manslaughter.Of course Wanda didn't mean to do anything bad...but, so?
A few years ago, some guys were drag-racing through a residential neighbourhood. One jumped the curb and killed two kids playing in the front yard. He kept saying over and over how it was an accident, how he didn't mean to kill those kids.
Good. I would hope it wasn't on purpose. Doesn't mean they aren't responsible.
Wanda didn't kill anyone (that we know of. We still don't know what happened to the Bee-Keeper), and was not doing anything unlawful or negligent that resulted in the harm she caused to the people of Westview.
Though an accidental consequence of your purposeful negligence does put you at fault for any damage/harm caused as a result of your actions, if you were not in control at the time of your action and were actively trying to keep others from being harmed as soon as you discovered that you were harming others, you are not at fault. If someone was mind-controlled into shooting another person, they are not guilty of murder. The same applies to Wanda. Her emotions took control of her, and thus she is not at fault for her actions in Westview.
That is not to say that she has a Get-Out-of-Jail-Free card in the future. She is aware of her true potential now, and if she chooses to not seek out help controlling her powers, she is indeed at fault for any harm she causes in the future. It's very similar to Cyclops. If he killed/harmed someone accidentally with his powers when they first manifested, that wasn't his fault, as he was not in control. However, if he had the capability to stop his laser-vision, and killed/harmed someone, it would be his fault.
Make sense? Fault is dependent on control of one's actions. A drunk driver is in control of being drunk and driving. A drag-racer chose to drag race. Wanda did not choose to be the Scarlett Witch anymore than I chose to have green eyes. If I am not at fault for having green eyes, Wanda is not at fault for the Westview Incident.
Trying to do harm is a greater crime than accidentally causing harm. What they accomplished doesn't matter, their intentions do. Attempted murder is a greater crime than accidental killing.Hayward and Agatha had bad intentions, and are cartoonishly typical bad guys. No doubts there.
But they didn't do nearly the damage to Westview residents as Wanda did. That's just the truth.
Grief doesn't force you to start drunk driving. If you choose to drink and drive, your grief doesn't get you off the hook. You're still at fault for drunk driving. Think of this incident more like someone being strapped into a car. This car is special, though. It is hooked up to you in order to determine your emotions, causing the car to go faster the more anxious/distraught you are. The only thing that you have control of is the wheel. In the car are two people, one person that wants to kill you and take the wheel in order to run over as many people as possible, and the other that is constantly trying to strangle you in order to stop the car so they can be free to get out and take over the world. To complicate things even more, many of the people outside the car are actually killer mannequins that are being controlled by the people inside your car, and you can't tell the difference between a real person and a killer mannequin.If someone lost their parents, and in their grief started drinking and as a result killed some people while driving drunk...we'd take away their license and force AA and counseling. We wouldn't be like "Well, he was sad." There may be jail-time in there, and maybe that's a good idea and maybe it isn't, but the other stuff? Completely reasonable.
Wanda should have had a talk with Uncle Ben. If you're that powerful and it's emotion-based...see a bloody therapist. It's the responsible thing to do.
This is basically the situation Wanda was in during this series. She had control of the wheel (the direction of her power), but not the force she applied to it and the consequences of her power, while just coming out of a very traumatic and stressful experience, and also being attacked from seemingly every direction.
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