seb

Just to clarify what others have said: In New York law, manslaughter 1 doesn't include an intent to kill. It's an intent to do serious bodily harm plus a resulting death plus, in this case, no reasonable belief that you're acting in self-defense. Murder 2 is the intent to kill + death + no self-defense Trial juries often compromise on it when there's a murder charge and an imperfect self-defense charge, but whoever wrote this episode was taking some liberties. Realistically, if the grand jury wanted to charge them with something more than a reckless or negligent crime, it should have been murder 2 for the two and man 1 for one who only shot three times. You can't really empty a clip into someone without intending to kill them. Or even the Jack McCoy favorite of depraved indifference murder 2, which doesn't include intent but, basically, a massive degree of recklessness. On a shallow note, who played the family's lawyer? He looked familiar, but it may just be because he was perfectly cast as a young, NYC, public interest lawyer.

Criminal attorney here to agree with Amelie06. Miranda is only for custody + interrogation. They don't have to be read if the police aren't both holding and questioning you, and a failure to read them in that case would lead only to the prosecution not being allowed to use the statement as part of their main case. Also, Alicia learned the charges when Cary was being arraigned. Arraignment was the moment at which Cary was formally charged and when he had to be told the charges against him. In most places in the country, you can be held for 48 hours without being charged. Also, the prosecutor determines the ultimate charge, not the police. And discovery would never occur at such an early stage. The US Constitution provides no right to discovery. I'm not sure how much Illinois requires, but the state's attorney wouldn't be required to turn over information that soon after an arrest. Realistically, the police haven't even finished their paperwork yet. This show generally gets the criminal procedure correct. For instance, that much bail in a drug case is *of course* going to be subject to an examination of its source. (I can't remember whether the defendant has to prove the money came from clean sources or the prosecution has to prove it didn't, but it's a lower standard than beyond a reasonable doubt, so it's not the equivalent of being able to convict Rojas of a crime.) The conflict of interest was poorly handled, though. Bishop and Cary would both have to waive privilege, and if they did, it would be a much bigger deal for the judge to disqualify Alicia anyway. There is a strong right to choose your lawyer, as long as you can afford whomever you want.

I thought I heard that too! No one else did? There is a big gap in his washing out and whatever he does now...