Law & Order, Season 10

Law & Order (1990-2010) is a long-running police procedural and courtroom drama television series, created by Dick Wolf.

Judge Wright:
Madam Foreperson, as to each of the 15 counts of the indictment: Murder in the second degree, has the jury reached a unanimous verdict?

Foreperson:
Yes, we have, your honor. We find the defendant guilty.

[applause is heard in the courtroom; the judge bangs his gavel, silencing them]

Judge Wright:
Order! Order! Ladies and gentlemen of the jury, I thank you for your service. You are excused. [to the stenographer] Don't pack it up just yet, Linda. I'm finding, as a matter of law, the People failed to meet the standard of proof I said at the beginning of trial. The People did not establish that the weapon was hazardous per se, nor that the main actor in the homicide used the weapon as it was intended to be used by Mr. Weber. Therefore, I'm setting aside the jury verdict and issuing a directed verdict of not guilty. The defendant is free to go. [bangs gavel]

McCoy:
Objection!

Judge Wright:
[bangs gavel again] Order! Order!

McCoy:
[approaches the bench] I'm filing notice of the People's intent to appeal! This is outside the scope of your authority!

Judge Wright:
Mr. McCoy, I'm not gonna sanction a verdict that can't possibly be sustained on appeal. This conviction isn't based on any proven facts. It's based on the jury's outrage at Mr. Weber's irresponsible and inexcusable conduct. You wanna end the violence, the bloodletting. So do I, Mr. McCoy. In my 30 years on the bench, I've seen every permutation of it, and it sickens me when somebody profits from it! But tempted, though I may be, putting Mr. Weber in jail won't end the carnage. Until we cure what ails the human heart, it won't make a dent in the body count. In the meantime, no matter how profound our grief, our indignation, I can't let you use this court to raise a lynch mob. I won't allow you to exploit the same base actions Mr. Weber counts on to beef up his bottom line! It's not about being right, Mr. McCoy. It's about doing right. Now, we're adjourned.

[McCoy and Sharkey deliver closing arguments]

Sharkey:
Your honor, my client is 10 years old. She has teddy bears on her bedspread and a Big Bird piggy bank filled with pennies, and she killed a child. It's so incongruous, it's almost inconceivable. Dr. Olivet has testified that because of her age, and because of the way her brain works, she simply couldn't appreciate that as she struck Aaron Polansky with a rock, she was killing him. Jenny thought she could revive him with a 1-1/2 volt battery. It speaks for itself. Mr. McCoy's position is to ignore the question of responsibility and brand Jenny Brandt a killer. She'll never change. We have to put her away. People change. If anyone can change, it's a child. And Dr. Olivet has emphasized that this will not happen in a state mental hospital. Mr. McCoy's solution is a solution of last resort. Please, don't give up on her, judge.

McCoy:
Jenny got dealt a lousy hand. I look at her with pity and regret. But Jenny Brandt is trouble. She battered Aaron Polansky's head and stuffed him in a pipe. Miss Sharkey wants us to believe that she didn't appreciate what she did. I don't agree. Jenny daydreams about killing small boys. She even had a trial run with a cat, but ultimately what she could or could not appreciate is irrelevant. Jenny is a loaded gun! She has a cocked fist with a rock in it! She needs to be stopped before she kills again! Dr. Olivet talks about sending Jenny to a state institution like it's a death sentence that turns the world upside down. Aaron Polansky got a death sentence! Jenny would get treatment. Now, everybody knows state psychiatric care could be better. But letting Jenny get away with murder won't help this girl. How will she ever appreciate that her actions have consequences if there are none? And how many children will she kill before the adult criminal justice system can take over? Do we have to wait and see? Miss Sharkey would like us to cross our fingers and hope. Hope that it won't happen again. I have my own kind of hope. I hope the state doctors can find a way to fix this girl. I hope that it takes 6 months. But until they do, we can't afford Miss Sharkey's brand of hope. We need to protect the Aaron Polanskys of this world from Jenny Brandt.


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