In films, I quess I'd have to put Chuck Norris on #1. There's a fucking internet meme about his bad-assness.
On #2, I have Leonidas (300). As someone said before, it takes balls to fight thousands of Persians with only 300 soldiers and almost win.
On #3 I put Zaraki Kenpachi from the anime Bleach. This guy's so badass, that he intentionally blocks out most of his power to make sure he doesn't kill his opponents too easily, because that wouldn't be any fun. Also, Kenpachi's fearlessness edges insanity. If he would actually master Bankai he'd be #1. No, pull that, he'd be #-1.

For games, there's really only Duke Nukem. Don't get me wrong, there's plenty of other badass characters, but they're ALL based on the proto-badassness of Duke Nukem. Just look at him:

Everything about him is badass. The picture is perfect. There's NOTHING to improve about his badassness. The army-haircut, the sunglasses, the big sigar, the bare, muscled arms, even the clothes he's wearing: everything is what you'd think of when you think badass.

But that's not even his coup de grace. That's his god damned one-liners. FUCK. There's just too many of them. When this guy opens his mouth, something awesome comes out. Always. If you'd take him imprisoned(hypothetically, because that's obviously impossible), take away his guns and tie him down on a chair, he'd just start talking about his balls of steel and everyone around him would die by being overwhelmed by too much bad-ass.

Anyone who denies the man is the biggest bad-ass in gaming, heck even outside of gaming, of ANYTHING, is delusional and should actually meet the Duke sometime.

Top 5 movies in no order:

The Joker. Not just TDK's, but Mark Hamill in TAS and Jack Nicholson aswell. The guy is the epitome of crazed out bad and no matter the iteration, the voice sends chills down the spine.

Leonidas for obvious reasons.

Dirty Harry. If I had half his wit and awesome my balls would still be to big for this office chair I'm sitting on.

John McClane. Despite all the Jippi-ka-jeejing and vent crawling I will always remember him as the guy who had to stand in the ghetto naked with the sign "I hate niggers". And still made it look cool.

Conan the Barbarian. More fucking bad-ass then the terminator. Also, something about driving your enemy armes out in front of you. With a two-handed sword and a loincloth

Then Games:

Max Payne. What's in a name. "Niagara as in: I cry a lot?" - He was holding a baseball bat and I was tied to a chair. Pissing him off was the smart thing to do... (Then, you proceed to break the chair, and kill people with a baseball-bat covered in your own blood)

Link. The lack of Link here is disturbing. The guy has killed more giants then Wander and Kratos together and still keeps on trucking.

Duke Nukem. Can't fill this list without Nukem. Also listen to that name. Someone had to come up with it, how awesome is it that you come up with something like Duke Nukem?

Kain. I think he's the Joker of the game-list. A bad-ass mental case with napoleon syndrome and a voice recognizable out of thousands.

The fifth one I have to think about 

Top 5 movies in no order:

The Joker. Not just TDK's, but Mark Hamill in TAS and Jack Nicholson aswell. The guy is the epitome of crazed out bad and no matter the iteration, the voice sends chills down the spine.

Leonidas for obvious reasons.

Dirty Harry. If I had half his wit and awesome my balls would still be to big for this office chair I'm sitting on.

John McClane. Despite all the Jippi-ka-jeejing and vent crawling I will always remember him as the guy who had to stand in the ghetto naked with the sign "I hate niggers". And still made it look cool.

Conan the Barbarian. More fucking bad-ass then the terminator. Also, something about driving your enemy armes out in front of you. With a two-handed sword and a loincloth

Then Games:

Max Payne. What's in a name. "Niagara as in: I cry a lot?" - He was holding a baseball bat and I was tied to a chair. Pissing him off was the smart thing to do... (Then, you proceed to break the chair, and kill people with a baseball-bat covered in your own blood)

Link. The lack of Link here is disturbing. The guy has killed more giants then Wander and Kratos together and still keeps on trucking.

Duke Nukem. Can't fill this list without Nukem. Also listen to that name. Someone had to come up with it, how awesome is it that you come up with something like Duke Nukem?

Kain. I think he's the Joker of the game-list. A bad-ass mental case with napoleon syndrome and a voice recognizable out of thousands.

The fifth one I have to think about