Spoilers for Daredevil #28 below!

A controversial plot twist stemming from a decision Daredevil made six years ago is finally coming back to haunt him in Daredevil #28. The twist revolves around writer Charles Soule’s infamous decision to turn Matt Murdock from a defense attorney into a New Your prosecutor in 2015. The move was seen by some fans of the comic (and even some lawyers) as a betrayal of who Daredevil is as a character. Perhaps their voices were heard because in Daredevil #28, writer Chip Zdarsky along with artists Marco Checchetto and Marcio Menyz makes Daredevil suffer the consequences of his actions in such a way that could have long-term ramifications for the character going forward.

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In current comics continuity, Daredevil is now serving a two-year prison sentence after having pled guilty to second-degree murder. He is, however, still allowed to wear a mask and protect his true identity of Matt Murdock. This is thanks to a new law that essentially treats Daredevil as a separate identity unto himself – a law for which Matt advocated before the Supreme Court. This massive conflict of interest goes unchallenged because no one knows Murdock actually moonlights as Daredevil – but before the issue’s end, a man will be killed thanks to self-serving choice.

Inmate Neil Rivait is considerably smaller and weaker than most in prison and relies on some large friends for protection. When he sits next to Daredevil during lunch for a friendly conversation (irrespective of the fact that he’s doing time for double homicide), those friends take it as a slight and attack him in the shower. Daredevil intervenes and saves Neil’s life, but a day later Mr. Rivait is found dead in his cell, and the death is ruled as a suicide. “This is my fault…I put him here,” Daredevil admits to his therapist. The therapist is puzzled – according to her file, Neil was caught by Spider-Man. But Daredevil isn’t referring to Neil being caught on the streets. He’s referring to Neil being prosecuted in court and ultimately convicted…by Matt Murdock.

Neil’s death weighs heavily on Murdock for multiple reasons because he feels responsible in multiple ways: If he didn’t defend Neil in the showers; if he walked away from Neil at lunch; but the trail begins and ends at Matt’s tenure as a prosecuting attorney. Neil is by no means innocent of the crime for which he was convicted, but he still wasn’t sentenced to die. Thus not only does Matt Murdock find himself directly responsible, but he is also perhaps wondering how many other Neil Rivaits have suffered a similar fate. When Daredevil became a prosecutor, it changed the character from a champion of the downtrodden and oppressed (and wrongfully accused) to an aggressor – in short, he changed his primary action from defend to attack.

Comic book superheroes get around the nebulous legality of their actions by rarely being part of the judicial process in court. But what if Matt decided to prosecute an innocent simply because he believed the accused would later commit a crime? This is one of the many thorny ethical issues that were sidestepped when Soule changed the character’s profession.Neil’s death could be seen as a wake-up call for Daredevil: a character who has always questioned the morality of his actions, but now is confronted with a very tangible and direct consequence. Will this serve as an impetus for Matt to return to the defense table? Regardless, he won’t forget his stint in prison anytime soon.

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