Wow, I'm seeing a lot of ignorance on how things work around here. So a lesson in civics seems to be in order:
It is the duty of a government to establish a monopoly on force [http://en.wikipedia.org/wiki/Monopoly_on_violence] within its domain, which is to say that no-one but representatives of the state may forceably violate the rights of another, and then only in the act of enforcing law. Most governments fail to do this, but in fact, a only a small faction of the population is affected by illegitimate use of force (i.e. crime), and thus order is mostly preserved.
In those cases in which the state cannot impose order, a smaller form of government is often established, as was the case in the Kengir Uprising of 1954 [http://en.wikipedia.org/wiki/Kengir_uprising] in which the convicts within a Soviet gulag overthrew their wardens and established their own government and justice system for a period of forty days (before the Soviet army arrived to suppress the new regime). This establishment of social order is a natural process for human groups. People organize and will establish a service by which crime and unrest is policed and brought to justice. Interestingly, larger more official peacekeeping organizations will disparage the smaller ones despite the fact that they are often not adequately managing the territory themselves, hence in urban ghettos, we get street gangs, and in regions of political unrest we get terrorist organizations. Despite the less-than-flattering terms, these organized groups do serve necessary funtions within their territory, otherwise they would cease to exist.
Here in the United States, we have an understanding that official law-enforcement organizations cannot be everywhere, hence people are allowed to respond to attacks in self defense, and as a modernization of the citizen's arrest [http://en.wikipedia.org/wiki/Hue_and_cry]. Security guards who choose to take action beyond their principal duty to observe and report are able to act within the limits of citizen's arrest.
As it is the case with any patrolling real-life superhero such as Phoenix Jones. Phoenix Jones is, essentially, a voluntary neighborhood watchman. A volunteer security guard.
So, in fact, Phoenix Jones is operating within legitimate capacity. He's not a cop, and does not have full police powers, but he doesn't need them to patrol and to act, and the fact that he's finding situations that are served by intervention indicates local law enforcement is not doing an effective job keeping the peace. If they were, Mr. Jones would be coming home most days bored for lack of encounters, and would eventually quit from inactivity.[footnote]This is also the reason why Gotham has been noted to have about ten times the crime of the rest of the US combined; Batman's evenings would be woefully dull if it even had the crime rate of Washington DC. Of course, the Wayne foundation could do much simply by financing an upgrade to the Gotham Police Department.[/footnote]
Incidentally, assault with intent only counts when it comes to prohibited weapons, of which pepper spray is likely not. If I carried a gun (here in San Francisco) and used it to defend myself from a mugging, it would be considered premeditated, as I'm not supposed to carry a gun. The same would also be true if defended myself with a baseball bat unless I could show evidence that I was headed to or from a ball game (so be sure to carry a ball and glove with your bat). Pepper spray and most electrical stun guns are considered acceptable weapons for self defense in most municipalities.[footnote]I'm not sure if Phoenix Jones' is a legitimate cattle prod or simply an electrical baton that is intended for use against human assailants.[/footnote]
Also, police are not only notorious these days for spraying or tazing citizens indescriminately, but also using such less-lethal alternatives to firearms in the back rooms as devices for interrogation, so if Phoenix Jones waited until he was attacked, himself, before using the pepper spray, he should be commended for his restraint.
238U