Justice is not as simple as armchair quarterbacks are inclined to assume.
Legislation & Order Season 22 Episode 6 took on among the flaws within the justice system, together with bail reform, insane caseloads, and judges who make questionable choices.
These are necessary discussions to have. There aren’t any clear-cut solutions to any of these items, however that does not imply viewers should not be asking questions.
When all of the mud has settled, although, what’s going to most likely stick most in viewers’ minds is that obnoxious protection lawyer who tried to object her means into an acquittal as a result of she did not just like the prosecution’s info.
That lawyer ought to by no means have allowed this case to go to trial. She accused Maroun of being incompetent, however that label matches her higher.
A stable protection does not imply making an attempt to win an unwinnable trial with tips, stunts, and spurious objections to distract the jury from the reality. Generally, it means convincing the shopper and the prosecutors to conform to a plea cut price, which ought to have occurred right here.
Maroun: We may provide a plea.
McCoy: No. Although the jury will not know that Castillo is a profession legal, the individuals of New York will. We have to ship a message.
Though McCoy needed to ship a message, if a plea included some jail time and a conviction on a lesser cost, he most likely would have agreed to it. This trial was a waste of the jury’s time and taxpayers’ cash.
Convictions aren’t presupposed to be about sending messages. That hardly ever works anyway; one individual’s conviction does not typically deter different criminals from the identical habits. What convictions are presupposed to do is maintain individuals accountable for his or her habits, and that is what this one lastly did for Nick “107 arrests” Castillo.
Equally, Cosgrove’s declare that Sutton’s homicide had something to do with bail reform was spurious. Crime charges and re-arrests haven’t modified since bail reform legal guidelines have been adopted.
It made even much less sense that police have been turning a blind eye to shoplifters due to bail reform. The regulation does not say to disregard non-violent crimes; it says that folks accused of such crimes do not have to sit down in jail ready for trial.
Nor did Castillo’s lack of convictions for all these arrests have something to do with bail reform. Bail has nothing to do with whether or not a jury convicts somebody, and if Castillo was a profession legal, most of his arrests occurred lengthy earlier than the brand new bail legal guidelines.
Cosgrove’s continued harping on bail reform as the reason for excessive crime charges was ridiculous and felt misplaced since bail insurance policies had little, if something, to do with the case.
He additionally needed a lady punished for “pulling a gun on the police,” when that is not precisely what occurred.
Dixon: I simply bought off the telephone with Sophia’s doorman. He confirmed that she was in her house from 5:26 pm to eight:32 AM the subsequent day.
Cosgrove: So she’s not our shooter.
Dixon: No, and ballistics got here again, too. Her gun shouldn’t be the homicide weapon. So let’s go simple on her.
Cosgrove: She pulled a gun on us, Lieu.
Dixon: I get it, however she’s a single girl and he or she’s bought somebody stalking her so I believe we should always give her a break.
Cosgrove and Shaw didn’t establish themselves as police till after Sophia pulled out a gun. They then informed her who they have been and ordered her to drop the weapon, which she did — solely to be arrested for pulling it out within the first place.
This might have ended tragically, nevertheless it hardly was a case of an individual attacking a police officer on function.
Sophia legally owned her gun and tried to guard herself from a stranger she combined up along with her stalker. Cosgrove should not have wanted Dixon to inform him to let her go.
Maroun claimed that Castillo was let go ten months in the past due to the brand new bail legal guidelines, however that did not fairly make sense both.
He was denied bail on this case as a result of he failed to indicate up for 63 of his earlier 107 hearings, not as a result of he was charged with homicide. Why could not Maroun have used the flight threat argument in the course of the earlier arraignment?
As soon as Maroun’s mistake got here to mild, issues took a bizarre flip.
Since prior dangerous acts have been inadmissible, why was Jasmine allowed to testify? Her case was one of many earlier arrests that weren’t presupposed to be allowed.
As well as, there was no actual purpose for the decide to permit the testimony. If the protection lawyer needed to query whether or not this witness was telling the reality about being held at gunpoint, she may have cross-examined the witness.
As a substitute, she declined to ask Jasmine something, then demanded Maroun take the stand to elucidate the discrepancy in Jasmine’s testimony.
What decide of their proper thoughts would permit this stunt? Maroun’s testimony was pointless and might need a chilling impact on different victims contemplating coming ahead about crimes.
As soon as Maroun was pressured to take the stand, the protection lawyer did nothing however ask inappropriate questions that bought shot down when Worth objected, proving it was as a lot of a waste of time as Worth mentioned it might be.
Though the story did not do a terrific job addressing considerations about bail reform, it did exhibit how problematic it’s to be short-staffed.
Maroun: I referred to as her a number of instances. I attempted to get a translator, however then I bought promoted to murder, handed over the case to a different prosecutor, and that was that.
Nolan: It occurs, Sam. You probably did what you might given your workload.
Maroun: He had a gun, Nolan. If I might been paying nearer consideration I may have upped the costs to armed theft and bought bail. Castillo would have been locked up and none of this is able to have occurred.
Nolan: What number of misdemeanor arraignments did you do this week?
Maroun: That is not the purpose.
Nolan: It is precisely the purpose. It is a mistake any of us may have made. Too many circumstances, an excessive amount of crime, not possible to maintain up.
Maroun made the error she did as a result of she had far too many circumstances to have the ability to observe up appropriately on Jasmine’s. Many exhibits have addressed this downside concerning public defenders, nevertheless it is sensible that prosecutors would have it too.
In spite of everything, somebody should prosecute the lots of of circumstances public defenders work on.
Maroun’s extreme guilt about her mistake exhibits how a lot she cares about justice, however it is time to let it go.
McCoy informed her to cease feeling sorry for herself, to not put her self-pity on maintain till after the trial. And realistically, she has no means of realizing what would have occurred if Castillo had been locked up ten months in the past.
Maroun: I am so sorry about what occurred at the moment. Are you right here to fireside me?
McCoy: I do know who you might be, Miss Maroun.
Maroun: I am unsure that is an excellent factor. I screwed up.
McCoy: Like everybody else. For those who do not screw up, you are not making an attempt laborious sufficient.
Amongst different issues, Castillo wasn’t the one thief wandering round Manhattan with a gun, so Sutton may have met the identical destiny even when this specific shooter was in jail.
What did you assume, Legislation & Order fanatics?
Did Cosgrove’s indictment of the bail reform system have any advantage? Was Maroun proper to really feel responsible about her mistake? And was I the one one who could not stand the way in which the protection lawyer tried to show the courtroom right into a circus?
Hit the large, blue SHOW COMMENTS button and tell us your ideas. And remember you possibly can watch Legislation & Order on-line.
Legislation & Order airs on NBC on Thursdays at 8 PM EST / PST.
Jack Ori is a senior workers author for TV Fanatic. His debut younger grownup novel, Reinventing Hannah, is on the market on Amazon. Comply with him on Twitter.
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