Warning! SPOILERS for The Flash season 8, episode 8, «The Fire Next Time.»
The writers of The Flash seem to have forgotten the origins of attorney Cecile Horton's empathy powers, opening up a major plot hole by giving Cecile a code against using her powers in her work. This misstep overlooked numerous instances in past episodes when Horton used her powers on other people without any consideration of the ethical implications. It also ignored the reason why she quit her job to become a public defender.
While Cecile Horton (Danielle Nicolet) was first introduced in The Flash season 1, episode 19, «Who Is Harrison Wells?» as Central City's District Attorney, she did not become a recurring character until The Flash season 4. Cecile began dating Joe West (Jesse L. Martin) and developed mind-reading empath powers in The Flash as a side-effect of her pregnancy. While she never adopted a costumed hero identity like the many other members of Team Flash with metahuman abilities, Cecile called upon her powers to help save Central City on more than one occasion, while offering the other heroes moral support and legal advice.
Related: The Arrowverse May Have Spoiled Flash Season 8's Serial Killer Identity Twist
The Flash season 8 episode «The Fire Next Time» found Cecile Horton filling the role of legal counsel once again, when Barry Allen (Grant Gustin) approached her about the case of Jaco «The Hotness» Birch (Max Adler). Barry believed the fire-manipulating metahuman was innocent of the murders he was accused of and asked Horton for help. While she was agreeable to representing Birch in court, Cecile refused to use her empathy powers to check him for any feelings of guilt, saying that was "an ethical line I can't cross." Beyond
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