S17.E03: Transgender Bridge

[WendyCR72]

Just realized all titles have 17 letters in them, just as last season had 16.  Anyway...

 

15 year-old Avery Parker walks home from school through Fort Tryon Park when she's surrounded by a group of rowdy boys. Taunts and jokes intensify to pushing and shoving, leaving Avery in the hospital and three assailants under arrest. When the DA's office decides to try one of the culprits, 15 year-old Darius McCrae, as an adult, the SVU squad agonizes over whether the punishment fits the crime, and must deal with the pain of both families involved.

[Monkeybball]

Just realized all titles have 17 letters in them, just as last season had 16. Anyway...

SVU uses the name "Avery" far too often. Avery Jordan the sports journalist in Legitimate Rape. Avery the girl who had the orgasm during rape. Avery as the guy Michael Shannon played in "Quarry." Even CI used it for the wife in Trophy Wine. Wonder who's got a wife or child named that.

[WendyCR72]

SVU uses the name "Avery" far too often. Avery Jordan the sports journalist in Legitimate Rape. Avery the girl who had the orgasm during rape. Avery as the guy Michael Shannon played in "Quarry." Even CI used it for the wife in Trophy Wine. Wonder who's got a wife or child named that.

 

It has to do with what names can be cleared for use. That much I know. Besides, think of all the females named Alexandra in the franchise, too: Alexandra Cabot, SVU; Alexandra Eames, CI, and Alexandra Borgia on the Mothership.

 

Not to mention also on the Mothership I do recall a victim in the very early days with Ceretta also with the name Alexandra Beckett.

 

Too bad a baby names book couldn't be rented from the local library, though, to change up Avery, Alex, and all other repetitive names that were used.

[Monkeybball]

Ahhhh, I see.  I just find it interesting with this particular name, because I don't know that many Averys in real life.  I only know one in fact, and it's 3 y/o the daughter of one of my old clients.  At least Alex/Alexandra is a popular name.

[Spartan Girl]

This was a really good episode. Better than we've seen in a while. Very thought-provoking and heartbreaking, just like the show used to be so long ago.

Kudos to the episode for giving Avery parents that not only loved and supported their transgender child, but also had it in them to feel compassion for Darius. It's a shame one stupid moment destroyed his life.

I didn't know what to feel about Darius. I believed his remorse was genuine, but that doesn't excuse what he did, even if he didn't mean for it to go that far. I did feel for his mother and sister. Too bad those two other little punks got off when they clearly weren't so contrite.

[Primetimer]

When a trans teen is attacked in a park, the aftermath tears apart two families...and gives Liv an RSI from shaking her head.

Read the story

[ShortyMac]

This was a really good episode. Better than we've seen in a while. Very thought-provoking and heartbreaking, just like the show used to be so long ago.

Kudos to the episode for giving Avery parents that not only loved and supported their transgender child, but also had it in them to feel compassion for Darius. It's a shame one stupid moment destroyed his life.

I didn't know what to feel about Darius. I believed his remorse was genuine, but that doesn't excuse what he did, even if he didn't mean for it to go that far. I did feel for his mother and sister. Too bad those two other little punks got off when they clearly weren't so contrite.

 

Well-said. Nothing to add.

[Bill C.]

Liv has mom hair. It's the only explanation.

This was just a colossally messed-up episode, though. Adrienne Moore definitely ran away with most of it, but Dante Brown (Darius) actually held up his end. And, best--and worst--of all: the show basically did a relatively even-handed, if downer as hell, take on the whole thing. O'Dwyer's position made sense, Avery's parents' position made sense, the judge's verdict made sense...and it all frigging sucked.

[Gigi43]

Wow. Great episode, as sad as it was. I don't really get how some kids can be charged as adults in general, they are underage kids... I mean what makes Darius more of an adult than other kids in Juvie who probably are in there for intentional assults. I don't get it. Avery and Darius, had Darius lived probably would have met at some point and it seems like they would have gotten along if they got to know each other. Those other two boys did harass Avery, which if they had hearts they would have tried to apologize for but I'm sure it never entered their mind as they just wanted out of trouble. They skated and I'm sure took nothing out of that experience besides hope there's someone you can put more blame on. I liked Finn seeing the significance of Darius' apology/recall his son never got an apology from who attacked him.

But this is what's wrong with these "send a message" cases. They cause the legal system to not be impartial. All cases should be judged on the acts committed and people involved. Darius does not represent the gay/transgender bashers that they're hoping will get the message by his arrest. The victims family testified for him! I would imagine if it were a real case and people read those facts the message they'd get is this kid got a raw deal and was kind of used by the system, not a lesson in tolerance towards others. Darius should have gotten some kind of punishment, but not 7yrs of his life taken away. I don't think a kid like him in real life will even survive prison.

[Everleigh]

I thought this was a really solid and heartbreaking episode. One of the rare instances where I actually felt bad for the guilty party.

 

I'm really starting to like the relationship between Rollins and Carisi now that she seems to be over her annoyance towards him. 

 

This episode is actually based on a real case. The New York Times published a really interesting article on it and why a prison sentence for then 16 year old Richard Thomas, Darius's real-life counterpart, would only make matters worse and possibly turn a good kid with a promising future, who made a terrible error in judgment, into a hardened criminal. I remember reading that story when it was first published and thinking SVU would likely tackle it, but I didn't expect them to cover it so well. 

 

Richard Thomas was also tried as an adult, although not with manslaughter as Sasha Fleischman, the agender teen Avery was based off of, was not killed, but was burned severely after Richard set Sasha's skirt on fire on a bus. Like Avery's parents, Sasha's family pushed for the kid to be tried as a juvenile, but he was still tried as an adult, although the hate crime was dropped from his charges...and like Darius, he got 7 years in prison. 

Edited October 1, 2015 by Everleigh

[Sarah D. Bunting]

Thanks, Everleigh -- not sure why that case didn't come up during my search.

[Princess Lucky]

Total throw-back episode. Down to the fact we actually saw a lot of the trial, and we even got (edited together but still) closing arguments. When was the last time that happened?

 

I LOVED Robert Sean Leonard. I mean, I always do, because he's amazing, but he got so much to do last night and he was so great. You could see he wasn't being cruel, he did have some reservations, though he wasn't as riddled by guilt as we've seen Barba be. Also, he wasn't wrong. Was this the best case to make an example out of? No. But was his message correct, and important? Yes it was. People's lives, kids' lives are ruined all the time. Tough shit. Darius "chose" to harass Avery, verbally and physically, and then he chose to push her. Should his life be ruined over it? Maybe not. Is his punishment unfair? Not in my opinion. It's harsh, and strict, but not unfair.

 

Ultimately, I do agree that due to his age and demeanor he shouldn't have been tried as an adult, but since that was decided, I think it was ridiculous to suggest this wasn't a hate crime. Would he have pushed a "normal" "boy" off a bridge? Would he have harassed a "normal" "girl"? I don't believe so. There was no argument there, and I liked Darius breaking down, crying "I don't know". Because, it's true, he wasn't a bad kid, and if asked he probably wouldn't have hateful opinions, but in that moment his actions were sparked solely by the fact he was seeing an "other", like the ADA said.

 

Disclaimer: I realise the episode was trying to make Darius seem sympathetic, and I did feel for him (and his mother especially), and I do agree that putting a teen away for 7 years will likely ruin his life, but as I watched I didn't feel he was wronged. Maybe don't push anybody off a bridge, and you won't go to prison. I also found it interesting that Darius' sister, who was a little girl, was clearly aware that what the boys were doing was wrong, and asked them to leave because they'd get in trouble. If a 7-year-old can tell something is wrong, there's no excuse for the 15-year-old. When O'Dwyer shut that down by saying "what, boys will be boys?", like that makes it OK, I cheered. Plus, Darius was 15, not 11.

 

I mean, if Darius had just, say, punched Avery and knocked her out, and left without getting caught (and without thinking she had died), and that video had been posted and all his friends thought he was a hero, would he have felt bad then? And what if an alive and well Avery wanted to press charges for assault and battery? Wouldn't Darius be all "he had it coming, I was provoked, it didn't mean anything"? Would he know what he did was wrong at all? Sure, he felt sick to his stomach because Avery died, but why? Because he was sorry a life was lost? Because he was sorry he had taken a life? Or because he knew he was going to go to prison?

 

I do think there's an educational aspect there, and a class aspect, both of which the episode touched on in a smart way, and both of which do make me feel for Darius more. His age, as well. Still, I didn't shed a tear for him at the end. I did shed a tear for his mom.

 

Sooooo, as I said, total throw-back episode, down to the fact it gave me a lot of (probably cruel) feels.

 

On to happier stuff, Carisi! He's so great. He was so kind to Avery from the start. It's telling that even at first, when he couldn't fully grasp the notion of being transgender, his attitude was positive and supportive. And then he tried to understand, he talked to Rollins (which, yes, an SVU detective like Carisi should totally know these things, but this was a Very Special Episode and someone had to ask and Carisi is the youngest and least experienced). I was just glad Carisi was shown to be compassionate from the start, like he accepted Avery even when he didn't understand her.

 

I also thought Peter Scanavino played the Carisi/Rollins scene so well. There was palpable hesitation and awkwardness and then there was the realization. That was a Teachable Moment, but Scanavino did character work instead of just asking a question. This was Carisi asking; a well-natured, empathetic, protective, but also inexperienced and at times ignorant white guy, who wants to learn. All of that came through.

 

Add to that the fact Carisi was all over the diagnosis (Benson' reaction to that was flawless, by the way) and he sassed O'Dwyer and he was all about legal strategy, and no one, not even Rollins, talked down to him, and I was a very happy viewer last night. 

Edited October 1, 2015 by Princess Lucky

[clb1016]

Give credit where it's due:  Mrs. Parker was not played by Tracy Middleton, but by Rebecca Luker who, IRL, is married to Danny Burstein (who played Mr. Parker).

[Joimiaroxeu]

And then he tried to understand, he talked to Rollins (which, yes, an SVU detective like Carisi should totally know these things, but this was a Very Special Episode and someone had to ask and Carisi is the youngest and least experienced).

I appreciated that he was puzzled and wanted to get more information but why did he think Rollins was the one to ask? Is she known to have some unique knowledge or perspective on being transgender?

[Sarah D. Bunting]

"Give credit where it's due: Mrs. Parker was not played by Tracy Middleton, but by Rebecca Luker who, IRL, is married to Danny Burstein (who played Mr. Parker)."

Middendorf -- but holy crap, you're right. In my defense, they could be twins. Editing now; thanks for the catch.

[Muffyn]

Everleigh, thanks for posting the links.  This was definitely based on the Sasha Fleischman case with some key changes.  Sasha was asleep on the bus when a teen lit their skirt on fire, causing severe burns to their legs.  They had a long, painful recovery.  In solidarity, boys at their school wore skirts. Sasha does not identify as transgender.  They identify as agender, that is neither male nor female, and prefer to use they rather than he or she.  The case was very big news locally.  

 

I felt the show made Darius more sympathetic.  He started the whole thing and he pushed Avery but he did not intend for her to go over the railing.  At the same time, had she fallen on the ground, he and his friends may have attacked her while she was down.  

 

This episode did feel more old school.  At least it left us with something to think about other than how annoying the Noah storylines are. 

[MorbidPet]

The episode or case didn't grab me at all, felt dull and like the (and excuse me if I'm not being PC, I'm not from the US) LGBT bullying message was undercut in favor of the perp as a victim side of the story. And I find that sad. The suicide rate of LGBT teens in my country are high and it's just so important to bring awareness to it so I wished SVU could've let it have the focus the matter deserves. I often feel like they try to take on too much at once and in this case they missed their mark imo.

 

I read over at AllThingsLaw&Order that someone tweeted WL with his/her disappointment and he actually responded that he had intended the bullying message to come across stronger. Thumb up to WL for that and for not acting like a child when someone gives him a bit of critique.

 

I found it annoying the decent set of parents/family ended up losing their kids while Darius' friends and their ignorant ones got away with murder, literally. I hope SVU at least managed to bring some awareness to some viewers.

 

As for Mariska's hair I don't get it either. Not attractive, and I don't think that has ever happened before. But I've heard from a reliable source that her hair looks better after ep4. I hope so and she can go back to looking stunning as she climbs the ranks in an incredible pace.

 

Now I'm gonna go back to watching the promo for next episode where I can only concentrate on that alien baby Rollins' seems to carry. I wonder how they will work that time lapse out cause she is huge 8)

[roomtorome]

I wonder how much would have been discovered about what actually went on if not for the technology that is in everyone's hands these days.

 

Personally, I'm sick of the selfies and all the constant use of the photos except, like pretty much all else, there is a yin and yang and because of this technology, certain policy abuse cases have come to light and many other crimes have been revealed because of it.  

 

Back in the day if this had occurred, I wonder how they would have solved this case.  I know there are surveillance cameras throughout Central Park but don't know for how long and where - But, if no cameras, who knows.  I don't think Darius has been arrested before (unless I missed it) so hi DNA would not have been on file - who knows about the others.  In any case, it would have a heck of a lot more difficult without everyone's needs to rush to post this sort of stuff online.  

 

I too don't have trouble with the sentence; life and our actions have consequences and even though he was contrite - as mentioned above - kids don't have to be part of a bullying scene, they can walk away or try to stop it.  

 

If our correctional system actually did have rehabilitation, then the kid's life wouldn't necessarily be ruined but given what goes on in prison - it's tough to come through the system without ending up more screwed up than when you go in (although some do go in already as messed as imaginable).  

 

Why he was tried as an adult?  It always depends on circumstances as to how that choice is made.  And, of course, the DA - it's not uniformly imposed, just as nothing in our criminal (or civil) justice system is.  There is no one size fits all.  Lots of people get harsher sentences for the same crime than others and lots guilty people never pay for their crimes based on technicalities - it is what it is and it is better than a lot of other places in the world but none of them are "fair," as it were to everyone - victims and perpetrators alike. 

 

I liked in that uncomfortable way, this episode - it was a throw-back and I do like the new team - well, as much as possible….

[frogprof]

 

I loooooved the version of this 'do that had a side part and was longer in the front; this just looks like your field-hockey coach at the annual awards dinner. She has like the best hair in procedural TV, guys. What is the plan here?

 

She just doesn't want to outdo Noah in hideous-hair-ness.

[slowpoked]

That judge was one of my favorite SVU judges. Wasn't she also the judge in the Yates case where she was almost begging Barba to object while Barba was like, nah I'm fine?

 

Her judgment was rendered with compassion, understanding, but with full regard of the law. She acknowledged that while she didn't think she was a bad kid, he did something wrong that ended up harming someone and for that he had to face the consequences, regardless of the victim's parents' wishes. Good episode all the way around.

[wknt3]

The Good:

Well acted all around. Especially Robert Sean Leonard and the rest of the guest stars.

Well written. This was probably the best written episode in years. Moral ambiguity, characters with complex motivations and personalities, all of the main cast had distinct voices that really made sense given their personalities and past experiences, and a sense of reality. Impressive all around.

It managed to avoid all of the usual SVU traps - I didn't feel that a single character was there just to provide exposition or as a mouthpiece for a certain POV, there was no St. Benson saves the world and it managed to avoid going overboard in any direction.

 

The Bad:

The preview for next week makes me doubt we'll see another nuanced exploration of morality and social issues.

 

Overall this is the best episode in quite awhile. Everyone involved should be proud and I hope that we can get a few more like this.

Edited October 1, 2015 by wknt3

[CleoCaesar]

I'll be in the minority and say this was some seriously clunky, preachy, and predictable writing. Media is so oversaturated with trans issues these days that it's impossible to find something truly original to say at this point, and this episode illustrated that for me. The second Avery hit the ground, I thought "yeah the sweet artistic kid is going to be convicted of murder and it will be Super Sad to see his talent and potential and sweet little family be destroyed over some senseless bullying." Meh.

 

Too bad a baby names book couldn't be rented from the local library, though, to change up Avery, Alex, and all other repetitive names that were used.

I'd love nothing more than to see someone compile a list of all the times Tommy has been used as a child's name over the past 16 seasons. Every time I watch a rerun on USA, some kid is named Tommy. Mix it up a little, writers!

[Monkeybball]

Most depressing episode....ever?

[Monkeybball]

Judge Barth gave the right verdict....at least on the manslaughter, of that I am sure. I don't know the exact wording of the hate crime statute, but given the fact that yes, the whole thing probably wouldn't have happened if Avery wasn't transgender, makes me think that was right too.

 

BUT - I really wanted her to split the baby.  Find him guilty and remand him to a juvenile facility for 3 years.  (ACTUALLY, many juvenile facilities will hold someone until he or she is 21).  The whole "make an example" thing really annoyed me.  I did appreciate O'Dwyer saying that he knew it wasn't ideal, but come on!  This is a person's real life we are talking about.  I think in this situation, seeing how gravely serious Darius was about his remorse, would have made me choose otherwise.  (That being said - I do know, as a lawyer, you sometimes get blinders on and fully commit to your position).

 

One thing I was really glad about - they highlighted the race/class thing but they didn't make it an integral part of the story.  There wasn't a whole "IF Darius was white, would his outcome had been different?" element.  There wasn't a "rich kids don't commit hate crimes" type thing either.  I appreciated that.  Sometimes it just is what it is, and there is no greater meaning to it.

 

I love Adrienne C. Moore.

 

And I love Carisi.

 

EDIT: Btw, shoutout to Avery's green hospital eyeshadow. SO FIERCE! I was seriously thinking I want to buy it.

Edited October 2, 2015 by Monkeybball

[Snookums]

As much as I rag on SVU's crazier episodes, I have to admit I prefer them to this one, which was wonderfully done and made me want to cry and throw up and go to bed for a week. How one stupid instant of listening to our inner demon can lead to so much irreversible damage and pain and loss and ruin. How many times have people done the same kind of terrible, thoughtless shit but got lucky enough that no one was injured or killed? And that makes it seem not so bad, and easier to do the next time...

[CleoCaesar]

The whole "make an example" thing really annoyed me.

Ditto. Not to mention it doesn't even make sense. Like some teens somewhere are going to stop bullying their classmates because someone somewhere they've never met was sentenced harshly. Peer pressure, testosterone, and developing brains (or lack thereof entirely) will always win out. The judge essentially ruined that kid's life and created a future hardened criminal because of her own agenda. Then again, the very concept of "protected classes" makes me uncomfortable in many ways, so I was already predisposed to hating the whole thing.

[LibertarianSlut]

I'll be in the minority and say this was some seriously clunky, preachy, and predictable writing. Media is so oversaturated with trans issues these days that it's impossible to find something truly original to say at this point

Yes, this 100%. The only thing that would have been as edgier and more envelope-pushing than a transgender episode would be...not to have a transgender episode. It is so very expected.

I don't feel bad for Darius because he got an offer of three months, and turned it down. Does three months in juvie suck? Yes, but maybe think about that before you push someone off a bridge. He took a gamble and he lost. It was a stupid gamble to take.

Doesn't this show usually have more twists or something? I was so waiting for it to be revealed that Darius was actually in a relationship with Avery, and he was angry with him, hence the assault...and maybe there'd be a priest involved at some point or something. Those are the episodes I love.

As a lawyer, I can never watch this show with any regularity because they just butcher trial procedure time and time again. Repeat after me, show--you can't ask leading questions on direct. How hard is that? And last night Robert Sean Leonard (who I will always know as Dr. Wilson) kept making statements during his questioning of witnesses. That is not allowed, and would be objected to! Lawyers make statements during opening and closing arguments. Direct and cross-examination are relegated to just that--examination. I know it's easier for the writers to allow the characters to make big, sweeping statements whenever they feel it would have the greatest impact, but...respect the institution that is the legal process. Good writers can write a compelling courtroom story while keeping within the rules. After 17 seasons, it seems someone would clue them in.

I am delighted to see from the previews that Whoopi Goldberg, America's most twisted foster mother, will return next week. Guess that means I'm tuning in too. Oh, L&O, I can't quit you!

[MadyGirl1987]

Awesome episode! I can't remember being so invested in a verdict before. That said, I totally disagree with the judge sending him to prison for 7 years. He is a kid, no prior history and while the taunting and harassment was bad, the fall was totally accidental and unmeditated. He didn't go in looking to physically harm Avery, as inexcusable as the harassment was. Also; As some have brought up already there is the whole "make an example" aspect." I am no legal expert, but How can they actually say that and go on to take the kid to court? Wouldn't that be seen as prejudicial? Smacks a bit of railroading or something like it? We have seen the SVU team come under fire for doing things seen as prejudicial or biased, right? Saying you want to make an example of the defendant implies to me the cards are stacked against the defendant.

Edited October 2, 2015 by MadyGirl1987

[WendyCR72]

I am delighted to see from the previews that Whoopi Goldberg, America's most twisted foster mother

 

OMG, her Chesley Watkins was COLD. And played poor Mike Logan like a fiddle.

[MPF54]

I'd love nothing more than to see someone compile a list of all the times Tommy has been used as a child's name over the past 16 seasons. Every time I watch a rerun on USA, some kid is named Tommy. Mix it up a little, writers!

Omg yes!!! always bugged the crap out of me

[tvfanatic13]

One of my favorite episodes ever. But you all said it better than I ever could!

[Kel Varnsen]

I don't feel bad for Darius because he got an offer of three months, and turned it down. Does three months in juvie suck? Yes, but maybe think about that before you push someone off a bridge. He took a gamble and he lost. It was a stupid gamble to take.

But if he took the three months, and Avery died before Darius was actually sentenced, wouldn't that deal be off the table? If the charge changes from assault to manslaughter why would the DA be obligated to keep the same plea offer?

Edited October 4, 2015 by Kel Varnsen

[LibertarianSlut]

But if he took the three months, and Avery died before Darius was actually sentenced, wouldn't that deal be off the table? If the charge changes from assault to manslaughter why would the DA be obligated to keep the same plea offer?

No, you're right, the DA wouldn't be obligated to keep the offer open once the charges were changed. Even if Darius entered into the plea deal before Avery died, the prosecution could still go after him for the murder charge. There's no double jeopardy, because there's a new offense. But I wasn't thinking hard enough about the exact sequence of events when I made my post. I stand by the idea that Darius should have taken the three month offer when he was facing the charges for assault or agg assault or whatever. I mean, if you had initiated viscous contact with a stranger that resulted in you coming out unscathed, but with the stranger lying prostrate under a bridge, only for them to have to undergo serious treatment in the hospital, wouldn't you jump at three months in jail rather than face trial for it? I know I would. As would my 15-year-old self. It's 90 days. You'd spend the same amount of time in jail for a second DUI. It's a season. It's nothing. And the kid is guilty, there's no doubt about that. The fact that Darius and his mom turned it down in the face of the initial charges makes them idiots with regard to their own precarious situation. The fact that they bristled so against the idea of Darius serving three months for gravely injuring someone shows me that they have no appreciation for the sanctity of human life, nor do they respect law and order (hey, that's the name of this show!) Thus, it greatly reduces any sympathy I might have had for them over the course of the ensuing events.

You're right--in the end, Darius wouldn't have had the option to only serve the three months, but maybe if he'd accepted the plea like a contrite citizen, it would have established good rapport with the DA's office, and they would have been willing to extend a fair plea to Darius on the murder charge. Perhaps they would have offered Darius three years, which would let him start a new life at 18. Do Darius and his mom even speak to the prosecution once Avery dies? Or are we to infer that there was no plea to be made, as the government wanted "to make an example" of him?

It's like the DA's office did a 180 once Avery died. They went from offering three months to (likely) offering nothing. This doesn't make any sense, as they could have made an example of Darius either way, if that was their agenda. It's not like you need to commit murder to commit a "hate crime" (I hate this designation; can't one argue that all violent crimes originate with some form of "hate"? Why is the criminal act considered inherently worse if it is committed against one person, but not another?) A "hate crime" can be committed with assault. I guess the government thought a dead body would give this case the gusto it needed to go all the way to drive their point home.

[shapeshifter]

I especially appreciated the nuance and range of perspectives, both among the 3 boys and their parents (the one mother thought Avery "had it coming") and within Darius' own emotions. He wasn't just given lines of contrition. At one point during interrogation he defended his actions.

They touched on Darius' motivations when he said (I think?) something about wanting to prove to his peers that he was a man. I guess being an artist, he might have been bullied for being a "sissy" (or whatever name they're using these days). But I kept waiting for it to turn out that Darius was a still-in-the-closet gay or bi kid. Kudos for them neither ruling this out nor inserting it into the conversation, which would have been beside the point, IMO.

previously.tv/law-and-order-svu/neither-kid-is-all-right/

The "game" of keep-away they're playing with her camera goes awry when Avery's heels -- the ones her mom warned her about wearing in the park -- trip her up and she falls on Darius, who pushes her off him, and she stumbles over the side of a pedestrian bridge.

Since Avery's parents didn't want Darius harshly punished, I was a wee bit surprised that they didn't blame the high heels.

If Darius had a jury trial, the graphic comic apology and the high heels might have resulted in a lesser sentence. Would a jury have been permitted to see the apology?

ETA: If the show goes on for another season or two, could an appeal be made on the basis of the shoes? Especially if Darius had a public defender?

Much better script than any I recall from last season.

Just now editing to correct putting "Avery" when I meant "Darius." Sorry for the confusion.

Edited October 7, 2015 by shapeshifter

[Paron Xanthis]

SVU uses the name "Avery" far too often. Avery Jordan the sports journalist in Legitimate Rape. Avery the girl who had the orgasm during rape. Avery as the guy Michael Shannon played in "Quarry." Even CI used it for the wife in Trophy Wine. Wonder who's got a wife or child named that.

Also, the perp from "Trade" in season nine was named Avery.

[Kel Varnsen]

If Darius had a jury trial, the graphic comic apology and the high heels might have resulted in a lesser sentence. Would a jury have been permitted to see the apology?

One thing I didn't was why it made a difference about going to a bench trial. My understanding, based on everything I have ever seen in Law and Order is that a jury only decides if someone is guilty or not guilty, then they are dismissed and a judge, at a later date is the one who decides the sentence. 

 

No, you're right, the DA wouldn't be obligated to keep the offer open once the charges were changed. Even if Darius entered into the plea deal before Avery died, the prosecution could still go after him for the murder charge. There's no double jeopardy, because there's a new offense. But I wasn't thinking hard enough about the exact sequence of events when I made my post. I

That's intersting about the double jeopardy. I wasn't 100% sure about how I worked but figured with how fast the kid died and how slow courts move it probably wouldn't have mattered. The trying Darius as an adult thing seemed weird, would a judge get any say on that? Since it seemed messed up to me, but from the way everyone spoke, once the DA decided to charge as an adult it seemed like the judges hands were tied. 

 

I would also have been curious how this one would have played out in the media. Since usually on this show that kind of thing is mentioned. The mentioned there was a new DA, so I am wondering how that guy felt about the victim's parents testifying for the defense (and how that looked in the press when this was supposed to be a "make an example" type of case).

[WendyCR72]

The mentioned there was a new DA

 

Makes me sad to think Jack McCoy is gone. Oh, well.

[LibertarianSlut]

One thing I didn't was why it made a difference about going to a bench trial. My understanding, based on everything I have ever seen in Law and Order is that a jury only decides if someone is guilty or not guilty, then they are dismissed and a judge, at a later date is the one who decides the sentence. 

 

That's intersting about the double jeopardy. I wasn't 100% sure about how I worked but figured with how fast the kid died and how slow courts move it probably wouldn't have mattered. The trying Darius as an adult thing seemed weird, would a judge get any say on that? Since it seemed messed up to me, but from the way everyone spoke, once the DA decided to charge as an adult it seemed like the judges hands were tied. 

 

I would also have been curious how this one would have played out in the media. Since usually on this show that kind of thing is mentioned. The mentioned there was a new DA, so I am wondering how that guy felt about the victim's parents testifying for the defense (and how that looked in the press when this was supposed to be a "make an example" type of case).

One major exception to the concept of the jury determining guilt or non-guilt, and the judge determining the sentence, is the death penalty. With the death penalty, the jury usually makes factual findings in the trial's penalty phase. Like all things in law, it varies between jurisdictions.

The double jeopardy is extremely interesting. I wasn't going to get into the minutiae, but If Darius entered the plea and then Avery died, the DA would only be able to go after Darius for the murder under an exception to NY law, which would normally bar prosecution for the murder because of double jeopardy. It's only allowed because of the "delayed death" exception, which basically states that there's no double jeopardy where the original offense is assault, and the victim later dies as a result of the same transaction or cause. The exception is created in order to encourage DAs to move forward with adjudication, and not to wait around to see if the victim will die.

I never practiced criminal law in NY, so I don't know whether the judge would have a say in trying the child as an adult there, but I recently took a continuing criminal course on Florida law, and there is something called a "direct file" here, where the government could charge Darius as an adult with no input by the judge. It is enacted by statute. They could do this because Darius was 15 and he was charged with manslaughter. The lawyer who taught us about this said that a lot of minors actually appreciate the direct file, because it is so much easier to complete adult probation, as opposed to juvenile probation. Just an anecdote, but it shows adult court can be fair, even favorable, to minors. I don't think it was inherently unfair to try Darius as an adult.

Good point on the father testifying vs "making an example of." It was my opinion that Avery's father would not have been permitted to testify, as he didn't testify to anything probative in the case. The DA even objected at the time that the father's testimony was only appropriate for a post-trial victim impact statement. What did the father testify to--that Darius was sorry, and that he forgave him? None of that bears on proving or disproving manslaughter. Although I don't think they'd be able to testify at trial, Avery's parents could have always gone to the media and voiced their doubts, which would be a public relations nightmare for the DA's office and their "example," as you said. It would have been cool if the show touched on that portion.

[Monkeybball]

As a lawyer, I can never watch this show with any regularity because they just butcher trial procedure time and time again. Repeat after me, show--you can't ask leading questions on direct. How hard is that? And last night Robert Sean Leonard (who I will always know as Dr. Wilson) kept making statements during his questioning of witnesses. That is not allowed, and would be objected to! Lawyers make statements during opening and closing arguments. Direct and cross-examination are relegated to just that--examination. I know it's easier for the writers to allow the characters to make big, sweeping statements whenever they feel it would have the greatest impact, but...respect the institution that is the legal process. Good writers can write a compelling courtroom story while keeping within the rules. After 17 seasons, it seems someone would clue them in.

I know what you mean.  I'm sure I've seen this posted on here before, but the whole "WITHDRAWN!" thing drives me nuts!  YOU CAN'T JUST SAY THAT!  Attorneys can't just make some provocative statement (that basically amounts to testimony) and then say "WITHDRAWN!" and that's totally okay.  One of my biggest pet peeves on this show.

 

Another is some of the crazy, definitive, "there's no possible way I can...blah blah blah" legal positions they take.  Or the crazy charges they can come up with.  Some of this needs to be checked up on a lil more by the writers, methinks.

[Princess Sparkle]

I somehow missed this one earlier in the season and caught it in Hulu tonight. I have to say, this was actually the first case in years that actually moved me - when Darius was found guilty at the end and his mother started crying, I actually burst into tears (which is something SVU has never made me do). The woman from OITNB (her real name is escaping me at the moment) was so, so good - a complete 180 from her character on that show, and she was so effective here.

[DaynaPhile]

This episode hit me like a Mack truck, right in the gut. I have a kid just older than, and one just younger than, Darius. I am forever trying to drill into their heads to be careful, to think twice, to remember they are not smarter than things that can kill them (like cars). We talk a lot about the teenage brain and how they just arent't fully baked yet. So it was so hard to see this case end the way it did. From stupid bully teasing, to a death and prison. Because a kid wanted to look cool in front of his friends, because he was confused about something he wasn't familiar with, because he thought the best way to look cool and have fun was to tear someone else down.

I feel like I need to watch an episode of Care Bears so I can sleep tonight.

[Judiz]

I always wondered how they could charge Darius with Avery’s death when the video clearly showed Avery falling into Darius and Darius instinctively pushing her away.  

[Xeliou66]

16 hours ago, Judiz said:

I always wondered how they could charge Darius with Avery’s death when the video clearly showed Avery falling into Darius and Darius instinctively pushing her away.  

Darius started the confrontation - he harassed Avery, took her camera, and pushed her off the bridge when she got near him. He absolutely deserved to be charged with manslaughter and sent to prison for her death, and it was a hate crime. I remember this episode well, it was one of the better episodes of modern day SVU, and I was 100% on O’Dwyer’s side, Darius started the confrontation to show off what a tough guy he was in front of his friends by bullying a trans kid, ignoring his little sister’s pleas for him to leave Avery alone, if Darius was afraid of Avery, like the defense argued, he wouldn’t have approached Avery and picked a fight. It was a hate crime and Darius deserved the sentence he got, he was remorseful but his remorse isn’t going to bring Avery back. He was guilty of manslaughter and I was glad the judge agreed.