"Crush"'s spotlight of SVU's present style of legalese

May 06, 2009 14:37

Cutting for "Crush" spoilers.

The final act of SVU's "Crush" had a mock trial in order to trap a renegade judge. First, I'll set up all aspects of the operation for context, via the ATLAO blog recap. Then, I'll follow up with the blogmistress' observation, which mirrors my own.

In jail, Cragen comes to see them, and Benson asks what is he waiting for, to spring them. He says, “After I am done savoring the moment.” When Pond asks if this is her boss, Benson says ‘Yeah, he’s very supportive.” As they leave, Benson states that they didn’t even get their phone call, and asks how he knew they were there? He tells her Sam called, and the find her there waiting for them. Pond thought Copeland didn’t want to cross Marsden, and says this will put her in the line of fire. Copeland says at least she will be in good company. She says she pulled up Marsden’s stats off her database and thinks she knows what Marsden doesn’t want them to see.

Back at the SVU squad, Benson says that Marsden has send 19 kids to Wellsburg this year, and 33 last year, all as teenage sex offenders. But Copeland says it all depends on how you define that term. Copeland says none of the offenses are sex offenses, and Benson adds that Marsden still took them to trial and shipped them off to Wellsburg. Pond adds she is taking minor offenses and turning them into felonies. Cragen says Marsden is a “hanging judge” and she is harsh but it is all within her discretion. But Benson asks why she locked them up for looking into her records, and Pond questions why Mangini tipped her off?

Elsewhere, we see Ed Mangini yelling out “Hey! Hey!” and yells at Stabler, who is sitting on his car. Stabler comments on Mangini’s nice wheels, saying it is pretty pricey for a government hack. Mangini says he doesn’t have to explain himself to him, but Stabler shows him his badge, and says “Actually, you do.” He gets on Mangini for ratting out his partner to Marsden. Later, he is in the SVU interrogation room, with Benson and Stabler both putting the heat on him. He says he would like to talk to his lawyer. Stabler says that is a good idea, maybe he can explain how Mangini can afford a Mercedes and a seven-figure condo in Boca. Benson tells him tax evasion and corruption could send him 20 years federal time. Stabler tell him if he tells them where the money came from, he could be a cooperating witness and not a co-conspirator. Mangini folds like a lawn chair and says that Judge Marsden likes a certain kind of case, and he makes up her docket. Marsden pays him to pad her calendar with the kinds of cases where she can send kids to Wellsburg, her cousin runs the place and she gets a commission for every bed she fills. He says he is so sorry, and when he says he will never do it again, Stabler says, “No, actually, you will.”

Later, we see Stabler, under a false identity, coming to see Judge Marsden. He says he grew up with Mangini. He says his 13 year old has been hanging out with a low life 15 year old kid who boosted his Deville and took his daughter for a ride car and totaled the car. The cops just busted him for joyriding but he thinks more should be done. She asks what he wants her to do, and he says Eddie says she knows how to deal with kids like this and is not afraid to deal with them and give them what’s coming to them. She says he just serves the public good. He gives her the kids name and says he is in the schedule for tomorrow, first up on the docket. She says she will read up on the case, and when Stabler thanks her, she says he can show his appreciation with a donation to her reelection campaign. He shakes her hand, and then pulls out a brown envelope, with what looks like money it, out of his pocket and drops it on her desk, telling her to have a nice day. She closes her folio over it.

Back in family court, Marsden is making her ruling, saying that the case has been woefully undercharged, and she is amending the complaint to grand larceny, custodial interference, and endangering the welfare of a child. Dr. Huang (B.D.Wong) who appears to be there pretending to be an attorney, objects, saying this is way out of proportion for the crime. She says this is his first time in front of her, and he should not tell her how to run her courtroom. The kid - who really is Ethan - yells at her, “You can’t do this! Who the hell do you think you are?” Cragen, in the gallery, says “Shut up, Paul.” Marsden says she is going to teach him a lesson. Huang objects, and she says object all you want, she is remanding his client to jail until trial. She tells the officer to take him into custody and adjourns the court. When she does so, Stabler stands up, shows his badge, and says she is the only one going in to custody. She asks, “What the hell is this?” Copeland answers it’s the end of a nightmare for hundreds of kids, as Stabler reads her rights. He places her under arrest for bribery, official misconduct, and false imprisonment. Huang adds federal charges of wire fraud, conspiracy to defraud the United States. When Stabler says she ahs the right to remain silent, she says she knows her rights, she is a judge and has done nothing wrong. She says these kids need to be put away and adds it is people like her who keep this country safe. She says she has the balls to stand up for what is right, not like you lousy bleeding hearts. AS Cragen and Huang take her off in cuffs, she turns back and looks at Copeland, who seems happy. Ethan walks up to Stabler and asks how he did, Stabler says he has a shot at Broadway. He asks what about Kim. We later see Kim outside of the courthouse, calling out to Ethan, he is waiting there with Stabler, and she hugs him. Stabler asks how it went, and Copeland says the chief judge vacated the verdict and the sentence and Pond adds her record is expunged as if nothing ever happened. But Kim says a lot happened but they all helped her. Benson said she helped herself. As Kim smiles, we fade to black.
The observation:

Can someone explain to me how they all managed to get away with rigging a fake case all on their own - and doing it so quickly, too? The last time McCoy did that, he had to jump through hoops and he caught holy hell for it. This seemed way too easy. And why did the SVU team handle what clearly became a case of judicial corruption? Was it right for Huang to fake he was an attorney? That whole scenario made me wonder if the writers were smoking some wacky tobacky when they wrote this episode.
Link: http://allthingslawandorder.blogspot.com/2009/05/law-order-svu-crush-recap-review.html

There are two MS episodes addressing mock trails, "Shadow" and "Invaders." "Shadow" elaborated on the system becoming corrupted, whereas, "Invaders" was Jack McCoy's frustration at the system and its powerlessness on Alex Borgia's murder.

1. Shadow

A strain of bribery was infecting the criminal system. Adam Schiff, Jack McCoy and Jamie Ross had to clear and sort with multiple legal channels, for they were unsure of the source(s) of the corruption. They originally assumed the defense attorney, and McCoy definitely caught it with the mock trial judge. It may have been deserved, for the real source turned out to be an A.D.A. (Jamie Ross' friend).

2. Invaders

In order to flip a D.E.A. agent-cum-suspect over the names of his accomplices, McCoy had to force the agent's hand by doing a sham trial. He had the judge's permission, whilst clashing with Arthur Branch over the approach. Branch allowed it to continue, whilst protesting all the way. The agent did not balk and had to be released. The agent's final fate (killed by the soon-to-be-caught accomplices) appeared to be a consequence of the mock trial. In turn, McCoy was discharged from the actual trial proceeding, as a special prosecutor had to step in.

Conversely, the SVU squad had none of those legal roadblocks to contend with (let alone having the authority). The prosecutor was on board, even though, she would have to ask the D.A.'s permission, as McCoy had done with Schiff. D.A. input would have been an afterthought in terms of time and drama concerns, assuming if "Crush"'s writer, Jonathan Greene, had actually done the research.

If one needs a crystallizing example of present SVU-style legalese, "Crush"' denouement is the perfect case. It also serves as a stark contrast to both the MS approach (current and prior) and the SVU legalese of 3-5 years ago. At worst, it's fodder for a MST3K-type riffing with its contrived premise. Another possibility is outright farce, although, Greene's ultra-dramatic writing style indicates otherwise.

The climax should be used as a lesson for the series to drop the "Order" aspect. If SVU is no longer capable of doing the proper legal research, then drop the pretense. CI had done so, following Rene Balcer's departure. It hurt the series, however, it allowed the writers to be honest with themselves. That would be preferable than to watch them ape a legal situation and constantly fail, time and time again.

Exit question: Marsden's "bleeding hearts" line was morbidly fascinating, considering she lives in the hyper-liberal state of New York. It is not the first time the "bleeding hearts" mantra has been raised (MS' "Illegal"). It can be self-defeating, given New York State politics and the series' Leftism. Unless Greene was attempting to mock the concept, yet his Season 10 work belies it ("Lead," "Retro").

Update: It occurred to me that the blogmistress may have been speaking of "Invaders." So, I re-edit accordingly.
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