Avengers on Trial

The Sokovia Accords were (supposedly) because of the Avengers' rampant property damage and third-degree murder.
Shouldn't a trial have come first? A trial that involved the appearance of at least one legal representative of the Avengers, each member of the Avengers, and witnesses?

How would that trial have gone if it had happened during Civil War and the Sokovia Accords hadn't happened yet? Here are my guesses.

Hawkeye would get off almost completely.

He caused the least property damage, killed no humans, and while he might be charged with assault, he could get off with a temporary insanity plea since he was mind-controlled or in self-defense during each instance of assault. He'd probably get even less of a penalty since he's not an active member of the Avengers after Sokovia.

He'd probably get a $10,000 fine for property damage.

Assuming the UN still bothers to try Banner after the events of Infinity War (when Banner finally gets back to earth), any lawyer worth his money would get Banner off with an insanity plea since most of his crimes were committed as The Hulk. But he would probably be charged with conspiracy to commit acts of terrorism when he helped create Ultron. Banner is certainly remorseful, but The Hulk is too dangerous to let him Banner roam the streets.

If they can find a way to keep Banner locked up, they would.

Thor is a little up in the air (no pun intended).

Assuming the UN still bothers to try Thor after Infinity War (when Thor gets back to earth), and assuming Thor doesn't simply flee to Asgard, and assuming an Earth government can find a way to try an alien, AND assuming the lawyer doesn't try to get Thor off on an insanity plea by portraying him as a human who thinks he's the God of Thunder...

Assuming all that, then you still have the question of what exactly the UN would pin on him. Property damage? 3rd-degree manslaughter? Assault and battery?

And if Thor acts like he did in the beginning of Age of Ultron and during Team Thor, he would be belligerent towards the judge, try to pay a fine with Asgardian gold, and try to break out of prison. If that's repeated enough times, he might be sent to a maximum-security prison. If he acts like he does in Ragnarok, he probably still wouldn't help his own case very much.

Nat doesn't cause any property damage and she doesn't cost the lives of anyone who isn't a terrorist.

So what would they try her for?

Like any member of the Avengers, she might be considered guilty by association. She's also a former member of S.H.I.E.L.D., and according to Agents of S.H.I.E.L.D. (S01E19), S.H.I.E.L.D. is now considered a terrorist organization, so she might be tried as an accomplice in terrorist acts. She might be tried for releasing classified government documents during the events of Winter Soldier. She's also a professional assassin.

Frankly, I have no idea how much they'd pin on Nat, but it would sure be enough to land her in prison. Regardless, her newfound conscience would keep her from being motivated to break out of prison and she might accept the government's offer to work for a copy of the Avengers that works under the orders of the United Nations.

Wanda had such severe trauma that a lawyer might be able to clear her based on the sheer amount of PTSD she's had.

If not, she'd be tried for property damage at Sokovia and for 3rd-degree manslaughter at Laos.

She might go to prison for a few years.

Vision isn't technically human, but the mind stone grants him an actual mind, so the government would have all the problems of android rights.

Even though Vision doesn't actually do anything wrong onscreen, the judge would probably order Tony to deactivate Vision because Vision had acted mostly under the orders of Tony Stark.

At best, Roadie would be fined for property damage from Iron Man 2, but he's barely involved in Avengers 2, so he might not have committed any crime during that part.

As Fury is still presumed dead, he wouldn't be brought to trial, but if he were ever found, he might be charged with life insurance fraud, conspiracy to commit assault and battery, conspiracy to commit acts of terrorism (as he was head of S.H.I.E.L.D.), conspiracy to destroy government property (with Cap during Winter Soldier), and conspiracy to commit manslaughter (since he was the guy who got the Avengers together in the first place).

Falcon and Cap would both be tried for the same crimes: assault and battery and destruction of government property (i.e. Project I.N.S.I.G.H.T.) resulting in millions of dollars of property damage. Cap might also be tried for theft when he steals his old costume from the museum.

But since S.H.I.E.L.D. is now considered a terrorist organization, a good lawyer might be able to clear them of the destruction of government property charge by claiming that they were removing a terrorist act.

Either one of them might be put away for 25 years. Might get off free.

Tony would probably be implicated for property damage, 3rd-degree manslaughter, belligerence towards a U.S. judge (Iron Man 2), assault and battery, use of military force against Middle Easterners without military authorization (Iron Man 1), and conspiracy to commit terrorism (Avengers 2). Since there were no witnesses to his premeditated murder of Obadiah Stein, he would only get charged if his post-Sokovia guilt demanded that he confess to that too.

He would probably be put away for life. Because of his guilt, he wouldn't attempt to break out of prison, defend himself at the trial, or join the UN's copy of the Avengers.

Since The Avengers Initiative was started by S.H.I.E.L.D. and since S.H.I.E.L.D. is now considered a terrorist organization, any one of them might be considered terrorists or former terrorists.

A lawyer would probably show that each one was directly opposed to all of S.H.I.E.L.D.'s terrorist acts and that each time the Avengers had acted under S.H.I.E.L.D. mandate

, their work had been to stop terrorists and potential terrorists (which was only three times: the Battle for New York in Avengers 1, the opening of Age of Ultron and the opening of Civil War. Each other time, they had worked outside of S.H.I.E.L.D. jurisdiction).

Hence the Avengers could be considered an anti-terrorist group supplanted into a terrorist organization to take down the organization from the inside.

Either way, any member of the group might be considered guilty by association.

Regardless, the correct punishment is not government oversight. That was the punishment they gave Neal Caffrey (on White Collar) after he had served several years. You don't put an ankle bracelet on people whose crimes range from rampant property damage to acts of full-out terrorism.

Perhaps they would offer each member of The Avengers the opportunity to join a UN-led version of the Avengers in exchange for a shorter sentence, leading to a similar idea as The Sokovia Accords, but by then, half of them would have broken out anyway.

And with half the Avengers out of jail and at least one Avenger unwilling to leave the jail, there certainly wouldn't be any Civil War. But the Avengers would be broken up just the same. That ending would have rocked the Marvel world much more than the ending of Captain America: Civil War.