My wife's oldest sister was killed by a drunk driver. The penalties for drunk driving will never match the injustice done to the victims or their families.
Weird part here, people will go on talking about how life in prison is torture/inhumane, but at the same time, when it happens to them, I'm sure they change their minds. And sadly, even in what is just an accident people will think there isn't enough justice.
@@JoybuzzerX It's not an accident if you hit someone while you are drunk. It's intentional. You choose to start driving knowing you are not ok and may end up killing someone. You accept it may happen and are ok with it before you start driving. Yeah, maybe the driver will feel bad for a few years, but then will simply go on with their life like nothing happened. Regarding life in prison: it's still better than death. If it's not, you can always choose death.
My girlfriend lost two of her children to a drunk driver. They drove the wrong way on the freeway. She hasn’t been the same and it happened 8 years ago
@@ciobalina7445 You obviously missed what was said there. I didn't say drunk driving was an accident. I said, that if there was a real accident, people will still feel there needs to be harsh "justice" for their killed family member. Example: Someone throws a ball, it goes into the road, a child chasing after it, is hit by a car, as they jumped out from behind another car. Someone will likely blame the driver and want "justice"
@@SuRoFo Could be both. We've had plenty of high profile DWI cases now where the punishment was woefully inadequate, weirdly enough by seemingly nutty judges on the other side of the issue for some reason. No idea what it would take to get those laws changed, at least to increase the maximum sentence.
Being drunk should NEVER be a defense, particularly when the person has already killed someone while driving drunk. Anyone who has done that TWICE is obviously a danger to society and should be locked up until they can no longer pose such a threat.
What about being high? That one woman in California murdered her boyfriend and got off of going to jail by using the “I was high” defense. I think the law needs to be more uniform. I don’t think any type of *voluntary* substance intoxication should lessen a sentence, but addicts who go to treatment should be given lesser sentences.
America, and Anglo-Saxon countries generally (speaking as I was born and raised in Canada) seem to be strangely sympathetic, even indulgent towards drunk drivers....I still don't understand why; something cultural, obviously ,but what, I'm not sure.
Being drunk is a defense when you can't prove anything without evidence. Because no evidence means case closed and the defendant gets acquitted and walks out a free man or free woman.
The actor who played sleazo judge Gary Feldman was Cliff Gorman (1936-2002), and his performance was great. Starring as drunk businessman Bernard Dressler was Daniel McDonald (1960-2007). Two actors gone before their time, as was Jerry Orbach (1935-2004).
There’s so many legendary actors who starred and/or guest starred on Law & Order as well as Law & Order: SVU! That’s one of the many reasons why I love watching old seasons because there’s so freaking many amazing actors that were either already established or later became that way which is cool to see.
Gorman played Detective Aaron Rosenthal in the adaptations of William Bayer’s Janek novels, of which the best adaptation was Double Take, the adaptation of his novel Switch
My step daughter was killed right before Christmas in 2004 by a drunk driver that had multiple dwi’s. He got off because there were no witnesses. Seriously. He plowed into the car and was literally found not guilty. She would have been 21 in 2 weeks. She had been out Christmas shopping. He should have rotted in prison.
@HoneyBakedHam7 and what bro? clearly they already settled it if op knows his name and anything more vigilant than that would just be ruining the survivors lives even worse
While the judge was definitely in the wrong for his actions. Drunk Drivers are a menace. My brother lost his wife and 10 month old child because of a drunk driver. The lady driving only got 10years and served only 8. While my brother lost his family. The worst part is she didn't learn her lesson because she did it again to another family.
Drinking is an addiction like any other with the same talent for denial and self-deceit about the dangers that the perpetrator poses to those around them. Every time they get behind the wheel drunk it is a case of "I'll be fine this time! I'm only going a few miles and no-one is out at this time!"
If you're so drunk and you can't remember what happened doesn't mean that you're guilty for murder. Because it's just an excuse to lock up someone that has no intention to commit murder.
The moment Jack realized that Claire's death was the driving force behind his case was the moment he knew she would never approve of this. The judge's "outrage" was tainted by what he was willing to do to get the conviction. If I recall correctly, his honor partially viewed this case as a stepping stone for his own crusade.
And I had been the defense attorney and had found out after my client's conviction, McCoy would have his law license permanently revoked, my client would walk, and the poor victims would be denied justice! All because of his ignorant decision!
Jack mccoy is the prime example of a lawyer not being afraid of judge but more of the reverse. Mccoy knows that there is a higher up at stake and no judge is king at any courtroom. I am pretty sure any judge would shiver and quiver at the first site of a jack mccoy entering their courtroom. This type of lawyer is so scary that he could even put a judge in prison so easily if he really wanted to.
I know someone who was hit by car as a toddler. The driver wasn't drunk or speeding, they just didn't see a 22-month-old walking out into a busy street between 2 parked cars because he managed to escape from his stroller in the few seconds his mother wasn't looking. No one was at fault, but the toddler suffered permanent brain damage. Not to mention the trauma for the family. I grew up with this story and personally knowing the boy who was hit. Partly because of this i was too scared to get my own license until i was nearly 26. I do not understand people who are so thoughtless to make something that can be so dangerous so much worse by driving while intoxicated.
I did it 98% of the people have done it if you say you didn’t you know you are A goddamn liar I got sober after tho I never hurt anyone and I would prob die if I did
My mom was pinned between a drunk driver and a shopping cart. I had to sleep at the neighbors for 3 days, couldn't go to the hospital, didn't know where my mom was, if she was going to be alright. I had to go to school and pretend everything was fine. My teachers noticed something was up and scheduled a meeting with the counselor. I remember I was inconsolable in the office and I was sent home still wailing. My dad did his best to soothe me but I couldn't function until we picked my mom up from the hospital.
My mom was rammed from behind by a drunk driver on Xmas eve. Her life was changed immeasurably. Getting into a car and driving after you've been drinking is a crime and reprehensible.
what a great episode. Quality episode, quality writing. modern writing can't a hold a candle to the grittiness, style and emotion in these earlier episodes.
I love episodes that highlight the fact that it’s literally impossible to be completely and fully impartial on every single circumstance that any public servant, be they a prosecutor or a judge, may encounter. It’s antithetical to having an identity. And the law isn’t about what’s right or wrong-it’s about who argues better, and about the system it enforces. The best line was the judge talking about how he is offended by the fact that the system’s sentencing for such crimes is so light.
Because the last assistant he had a relationship with was killed in an auto accident by another drunk driver. He struggled with it throughout the rest of the series, that he possibly could barely remember his own daughter he had with another assistant.
@@AlyssaFowler-j4n Yep. It's vaguely mentioned, but in the last episode from the season before the Hollywood Writers Strike, it shows that his daughter followed in his, and mother's, her .
This was not the man's first DUI. I think he should have gotten more prison time simply because hitting and killing a pedestrian is a foreseeable consequence of driving drunk.
My brother was killed by a drunk driver in 1986. It was a hit and run. The human body has 206 bones. Every bone in my brother's body was broken. The driver was in the Air Force. He served his full sentence of 8 years. Sentence not long enough. Never long enough.
Only a few months ago, I was hit by a drunk driver. I was waiting at a red light and a drunk driver rear ended me so hard my car slammed into the one in front of me. Thankfully, no one was hurt but my car was totaled. There is no excuse for drinking and driving.
I'm 71 and have been driving since I was a teenager. In all that time I only was in one accident: I was hit by a drunk driver while I was waiting at a stoplight. I was wearing my seatbelt but was hit with such force that my glasses shot to the back of my station wagon and cracked the window. (The station wagon was undrivable after that. I had insurance but it was from a low-cost "we don't pay anything until the court orders us to" company.) The drunk had no insurance at all. My girlfriend was not wearing her seatbelt - She ended up in the hospital for a couple days. The drunk driver got off because the cop wrote the wrong date on the ticket.
@@ROGER2095 I completely understand. The driver who hit me, then tried to drive off without giving me his information but, thankfully, the cops stopped him. Drinking and driving is a huge problem in this country.
Drunk driving punishment have been going on for so long now that I am surprised that people still do it.😢 I can't believe that potential death doesn't stop people from driving. So revolting.
Because he still doesn’t really believe he is responsible, like most alcoholics, he blames the drink, not himself, in the end, he’s not really sorry, he’s just scared for his own life because it’s now only finally starting to dawn on him that he could be executed.
Because he'd already had his emotional moment on the stand where he broke down under McCoy's questioning. That's not in this clip. The show usually doesn't give guilty defendants multiple moments where you might feel sorry for them.
@@t-rexcellentreviews1663 I think the person who buys a drink (or any other intoxicant) for themselves is guilty, because rarely does anyone force someone to drink anything or force them to take other intoxicants (criminally spiked drinks are a different story). Yes, alcoholics do drink their own alcohol without any help and they even get more when they run out. Or they ask a potential enabler (usually a spouse or other close person) to get more if they themselves are unable or unwilling or they just do not have the money (even though some addics get their money illeagal ways). And by that I mean buying from a store. This drunk driver in the series seemed to have no regrets about his actions and even when he was arrested he behaved aggressively (he must have been under the influence of some intoxicant at that moment) and also seemed really arrogant when the police questioned him very first time. So I also suspect some degree of narcissism. Although narcissism and alcoholism often go together, either because the alcoholic was already a narcissist to begin with or because alcoholism unfortunately brings narcissistic traits to the person. Denial in particular, i.e. that they think that they are not to blame for anything, but the cause is always in some other person or thing.
This reminds me of when police lied about having proof that someone had killed someone else during a blackout and convinced the guy to confess since he didn't remember anything. He didn't kill anyone and he spent years in prison.
@@gawainethefirst Was it necessary to lie to get the conviction or just convenient? Also are you saying its okay to use bad tactics that lock up innocent people as long as it also gets guilty people?
@@shadowrobot7708 if it gets a guilty party to confess and face justice, I’m not sure that I would label it a “bad tactic.” On the flip side of your question, is it not equally a “bad tactic” for the police to not use any tool within reason to find the truth?
I still don't understand why people who get caught drink at the wheel don't get their licence revoked for 10 years and have to do their exams again. Why do we just let dangerous poeple on the road is wold to me.
I was honestly expecting a twist where the blonde was actually the one that killed the pedestrians and she just blamed it on the drunk guy knowing he wouldn't remember a thing.
This is an interesting legal issue. Normally, one thinks of "Exculpatory" as casting reduced guilt on a criminal defendant. But it could also be information that reduces sentences or punishment. Here, the out of court statement, makes it abundantly clear that the Defendant was guilty on the vehicular homicide, so technically not exculpatory (but nearly all prosecutors would turn over). But because of the overcharging of murder due to the inadequate statutes under the situation, it also snugly fits into "lower" charged counts. So McCoy and Judge were wrong legally and probably ethically.
How on earth does being drunk while driving amount to any kind of defence? If anything it should be an exaggerating factor, especially when that person has prior history of such. This guy wilfully chose to drink, knowing that doing so puts others in danger. Maybe he had no control while driving, but he had control in bringing his glass to his lips.
Problem with Peacock is they don't HAVE THIS SEASON! I don't know why they don't have ALL of L&O, when it's NBC's show! As of today, 5/21/23, they only have 9 seasons, 13 through 22. Can't even get this episode. (Edit: Apparently this has been the case for at least two years, based on the messages I saw on Reddit about the same issue.)
As much as this guy's actions disgusted me, I was very much against Jack and the judge ignoring due process of law. No matter how evil the defendant's actions may have been, a kangaroo court is not justice.
I hear the people who hate drunk drivers. But I also see your point. In the end, it's a very fine and difficult line that has to be walked for justice.
@@Adghhhhhh-z8jNo. You start playing with that fire even when the statutes are inadequate and it'll burn down *everything* and the next thing you know, you'll have the equivalent of the NKVD or the Gestapo knocking down doors on the regular. No, you change the statutes so such miscarriages of justice are not law.
I come from a country that is famous for its beer and it is also famous for how much an individual drinks a year. Yet, our country has one of the most strict policy about driving under the influence. The tolerance is 0.0 %, which doesnt occur anywhere near our country. And the law is also very strict about it. I find some sentences ridiculous and not enough in my country, but the one about alcohol is taken very seriously here and I am very happy for it given the fact that people drink here a lot and we have a lot of famous beer breweries (and we are not known only for beer, but for other alcohol types and branches too). I do not mean to brag, I do not drink beer myself so... but I am just happy that this rule is taken seriously, at least some is.
Im confused, there were three deaths. Shouldn’t there have been 3 sentences of 5-15, and a judge has the discretion to assign them consecutively (one after the other) or concurrently (all at the same time). So a consecutive sentence would really be 15-45. Why didn’t the judge do that? Can someone who knows the law please explain?
@gregorymoore4590 Did you even watch this episode? The judge was against the defendant from the start. He even wanted the death penalty to be on the table for Mr Drexler as the judge even told Mr mccoy "I am not accepting this plea agreement". Mr mccoy had a soft spot for the defendant and he felt that Drexler doesn't deserve the death penalty for him being so drunk that he couldn't tell the difference between right or wrong and couldn't even remember anything. Because this was a driving incident that killed more than one person it's either the death penalty if it goes to the jury or the maximum prison sentence under any plea agreement which is 5 to 15 plus probably a life time bann from driving.
@@zackq8865I get all that, but McCoy had no soft spot for the defendant, he even said he’d be at every probation hearing objecting to him getting probation. I’m saying it’s 5 to 15, times 3, which is 15 to 45. As long as the judge assigns the 45, which you would think he would given his agenda, then that’s what the guy would get if he doesn’t get probation. He comes up for parole after 5, no probation, probably again at 10, no probation, first penalty ends at 15 but second one starts, as long as they run consecutively with no probation, he gets 45 years right? Can’t the judge assign them consecutively, rather than concurrently?
It's one thing if you drive drunk once and hit or kill someone, but it's an entirely different thing if you have a history of DUI's and have suspended/revoked driving privileges while you do it. I don't in any way understand how those can't be considered enhancements or make the charge greater (and come with a much harsher sentence).
1st offence can claim drunk 2nd+ offence you chose to drink again so you accepted the responsibility of everything you knew you could do including killing someone so full sentencing without intoxication as a defense but as a reason of guilt.
My France's was hit head on by a drunk driver going the wrong on the interstate. The laws and punishment needs to exemplify the tragedy that loved ones, friends all the people in their lives. My heart goes out to ALL survivors and those hurting.
former casino, industry personnel here, back in the early parts of 2000s a bunch of friends and I were going to dinner one day and one of our friends got hit by a drunk driver, our friend was lucky to be alive, but the person who hit was heavily connected family member and hired a very good lawyer when the drunk driver could get 15 to 20 years got reduced down to about 1000 hours of community service all of us, including our friend felt cheated out
Driving under the influence of anything that impairs your ability to drive well and doing this knowingly is evil and should be the same as murder because it is if someone dies because of it.
Jack always walks the line. That's what makes him so interesting. It's also what makes his assistants so good. It takes a special kind of person to be able to pull jack back from the line. Especially when he's hell bent on crossing it.
About 13 years ago I worked at a company collecting money for various charities etc and we all had a meeting with the Canadian head of MADD (mothers against drunk driving.) She told her story and at the time made death by a driver under the influence get 5 years. Pretty sure it has increased here, depending on the province but before then, a DUI was just 3 months of losing your liscence, not sure what vehicular manslaughter was back then.
7:55 Evidence like this should have come up in discovery, and if Jack got it afterward he should have entered it into evidence before the cross examination.
The poor mother should not have picked up her son from the street. Accident victims should better be left where they are to prevent further inner injuries. He might even have survived... maybe.
This episode highlights the inherent weakness of the US justice system that allows itself to rely on the honor system where prosecutors and judges are allowed the freedom to be obviously biased and still have full discretionary powers over an accused individual's life. If there ever was a change that needed to made in a flawed system, this would be the one.
I don't give a flying fig how blind-drunk he was. The booze didn't drink itself. Plus he tried to cover up after the fact, and he was plenty sober then. Should be depraved indifference homicide. Doesn't excuse Jack and the Judge's misconduct though, but at least Jack stopped himself from perverting the law.
There has never been a better show. I knew a former judge and he said L&O was the most accurate of any show or movie he'd ever seen. The stories, the acting..."Bernie" was a great a-hole. I liked Stone, but Sam Waterston really brought it here. Denis O'Hare had some bravura turns on this show also.
In a perfect world yes. But jack wanted vengeance and the judge wanted to make a political statement. One of the things that makes this episode so powerful is it shows just how easily the system can be corrupted and weaponized.
My family's story of dealing with a drunk driver fortunately didn't include any deaths. My mom parked our car across the street from our house near a warehouse. Our housing project didn't include driveways or garages. One night while we were at the back of the house eating, we heard a crash and raced out of the front door. My mom caught the site of a car racing away. My called the police and the drunk's car was quickly identified by the damage and was located in the next project. My dad was in Vietnam and had a bad feeling about the letter that told him about it. He had to have someone else open it for him. I don't remember the next part of the story, but my mom does. Apparently we no more got the car back from the shop when the same drunk woman came back down our street and hit the car again! My mom doesn't know what kind of changes she faced regarding the accidents. All we know is we never saw her on our street again. My dad also didn't have any bad feelings regarding the next letter telling him about the second hit and run. Repeat offending drunk drivers should have a life long ban on driving. Once may be a case of bad judgement, but anything after that is a case of not caring if they harm/kill someone!
Right side of neck....passenger side seat belt. Cops didn't notice that bit? Might not have been driving....? You know she was not driving. When you give doubtful words like might, scared people latch onto that to twist it into a definite denial, which shuts her down instead of opening her up to spill the beans.
I think it means when he threatened his license in front of so many witnesses, everyone knows hes biased against drink drivers but there's no proof he's let that affect how the case goes in court. Until then.
A person could tell that man was not sorry. His license could have been suspended indefinitely. And if he got behind a wheel again, then in prison for 30 years. Ten for each person. But according to the penal code what is a life worth anyway.
I agree with the judge becausevI was the victim of a hit and run when I 5 years old and at 41 I am still dealing with back and spinal pain to this day. Drunk drivers should not get a slap on the wrist
0:17 this is supposed to be a really sad scene but I can't help but be distracted by the little kid standing around completely not caring and staring into the camera.
Drama or real life, it makes common sense to pass harsher penalties for drunk driving. Not to mention, to add my thoughts, have limitations in restaurants and bars.
My Dear friend was killed in a car crash I have known her since I was young I had only spoken to her the day before the incident I miss her Dearly sadly no amount of compensation will bring her back but she is as peace now
An indeterminate sentence is one that consists of a range of years, with release determined by a parole board when it periodically reviews the case and determines when, during the range of the sentence, the convicted person will be eligible for parole.
@@krishnasanyal7 He states that frequently on episodes so his calendar must stay full. One episode had the 1st parole hearing in "25 years" and he said, "I will be there!"
Being drunk is never a defense, to kill and/or seriously injure someone and then claim they were drunk as if this is a excuse, is adding 100 fold to the pain and suffering of victims/families.
My wife's oldest sister was killed by a drunk driver. The penalties for drunk driving will never match the injustice done to the victims or their families.
Weird part here, people will go on talking about how life in prison is torture/inhumane, but at the same time, when it happens to them, I'm sure they change their minds.
And sadly, even in what is just an accident people will think there isn't enough justice.
@@JoybuzzerX It's not an accident if you hit someone while you are drunk. It's intentional. You choose to start driving knowing you are not ok and may end up killing someone. You accept it may happen and are ok with it before you start driving. Yeah, maybe the driver will feel bad for a few years, but then will simply go on with their life like nothing happened. Regarding life in prison: it's still better than death. If it's not, you can always choose death.
My girlfriend lost two of her children to a drunk driver. They drove the wrong way on the freeway. She hasn’t been the same and it happened 8 years ago
@@ciobalina7445 You obviously missed what was said there.
I didn't say drunk driving was an accident.
I said, that if there was a real accident, people will still feel there needs to be harsh "justice" for their killed family member.
Example: Someone throws a ball, it goes into the road, a child chasing after it, is hit by a car, as they jumped out from behind another car.
Someone will likely blame the driver and want "justice"
I personally know two people killed by drunk drivers!! Swore off the garbage a long time ago!
That last line by the judge really emphasizes how much that case didnt change anything, just more pain for the community.
The judge was just saying that to score political points as he was running against Adam Schiff for DA.
@@SuRoFo Could be both. We've had plenty of high profile DWI cases now where the punishment was woefully inadequate, weirdly enough by seemingly nutty judges on the other side of the issue for some reason.
No idea what it would take to get those laws changed, at least to increase the maximum sentence.
Being drunk should NEVER be a defense, particularly when the person has already killed someone while driving drunk. Anyone who has done that TWICE is obviously a danger to society and should be locked up until they can no longer pose such a threat.
What about being high? That one woman in California murdered her boyfriend and got off of going to jail by using the “I was high” defense. I think the law needs to be more uniform. I don’t think any type of *voluntary* substance intoxication should lessen a sentence, but addicts who go to treatment should be given lesser sentences.
America, and Anglo-Saxon countries generally (speaking as I was born and raised in Canada) seem to be strangely sympathetic, even indulgent towards drunk drivers....I still don't understand why; something cultural, obviously ,but what, I'm not sure.
@@WangMingGe Guess you missed the classes on American civics. Laws are by city, county, state and federal. Wake up!
@@Sniperboy5551 Change the laws if you don't like them!!
Being drunk is a defense when you can't prove anything without evidence. Because no evidence means case closed and the defendant gets acquitted and walks out a free man or free woman.
"Your car came back from Russia, Bernie, with Love!" Lenny Briscoe was my absolute favorite...
RIP Jerry Orbach 1935-2004
He'll be dancing with Patrick Swayze in heaven ❤
Jack going the full McCoy always makes the episode.
You can feel the pain and anger in his voice!
The actor who played sleazo judge Gary Feldman was Cliff Gorman (1936-2002), and his performance was great. Starring as drunk businessman Bernard Dressler was Daniel McDonald (1960-2007). Two actors gone before their time, as was Jerry Orbach (1935-2004).
There’s so many legendary actors who starred and/or guest starred on Law & Order as well as Law & Order: SVU! That’s one of the many reasons why I love watching old seasons because there’s so freaking many amazing actors that were either already established or later became that way which is cool to see.
Jerry Orbach was awsome!
I recognize Cliff from the Bob Fosse semi-autobiographical movie All That Jazz. He played a send up of Dustin Hoffman.
He played Emory in "The Boys in the Band," and Josef Goebbels in "The Bunker." A very versatile and underappreciated actor. RIP.
Gorman played Detective Aaron Rosenthal in the adaptations of William Bayer’s Janek novels, of which the best adaptation was Double Take, the adaptation of his novel Switch
My step daughter was killed right before Christmas in 2004 by a drunk driver that had multiple dwi’s. He got off because there were no witnesses. Seriously. He plowed into the car and was literally found not guilty. She would have been 21 in 2 weeks. She had been out Christmas shopping.
He should have rotted in prison.
I'm so sorry for you and your family's loss
Yes, he should have, I’m so sorry for your loss.
You have a name, find him…
@@HoneyBakedHam7this honestly
@HoneyBakedHam7 and what bro? clearly they already settled it if op knows his name and anything more vigilant than that would just be ruining the survivors lives even worse
Throughout almost the entire video you can hear McCoy holding back the tears…
The anger and pain in his voice is palpable!
McCoy tried to make thIs mentally about Kincaid.
Aw I didn't even put two and two together!
While the judge was definitely in the wrong for his actions. Drunk Drivers are a menace. My brother lost his wife and 10 month old child because of a drunk driver. The lady driving only got 10years and served only 8. While my brother lost his family. The worst part is she didn't learn her lesson because she did it again to another family.
So sorry.
Drinking is an addiction like any other with the same talent for denial and self-deceit about the dangers that the perpetrator poses to those around them. Every time they get behind the wheel drunk it is a case of "I'll be fine this time! I'm only going a few miles and no-one is out at this time!"
@@benrussell-gough1201 yea, like their suffering more than anyone and need help and compassion.
@sharpaycutie2 I'm sorry but you don't deserve compassion when you wrecklessly destroy multiple peoples lives.
If you're so drunk and you can't remember what happened doesn't mean that you're guilty for murder. Because it's just an excuse to lock up someone that has no intention to commit murder.
The moment Jack realized that Claire's death was the driving force behind his case was the moment he knew she would never approve of this. The judge's "outrage" was tainted by what he was willing to do to get the conviction. If I recall correctly, his honor partially viewed this case as a stepping stone for his own crusade.
He used it to run for District Attorney against Schiff
that judge was corrupted
McCoy not telling the defense that the Judge is bias against them is the most realistic thing to happen in any Law & Order episode.
And I had been the defense attorney and had found out after my client's conviction, McCoy would have his law license permanently revoked, my client would walk, and the poor victims would be denied justice! All because of his ignorant decision!
"Your actions offend us. But no more than the inadequacy of the penalties of the statutes."
Statutes probably writteb by drunks
Jack mccoy is the prime example of a lawyer not being afraid of judge but more of the reverse. Mccoy knows that there is a higher up at stake and no judge is king at any courtroom. I am pretty sure any judge would shiver and quiver at the first site of a jack mccoy entering their courtroom. This type of lawyer is so scary that he could even put a judge in prison so easily if he really wanted to.
I know someone who was hit by car as a toddler. The driver wasn't drunk or speeding, they just didn't see a 22-month-old walking out into a busy street between 2 parked cars because he managed to escape from his stroller in the few seconds his mother wasn't looking. No one was at fault, but the toddler suffered permanent brain damage. Not to mention the trauma for the family. I grew up with this story and personally knowing the boy who was hit. Partly because of this i was too scared to get my own license until i was nearly 26. I do not understand people who are so thoughtless to make something that can be so dangerous so much worse by driving while intoxicated.
🫢 My God……I teared up while reading this….I’m cannot imagine the pain that poor little boy’s family has been through
@@bellerain381 Thanks. That little boy is almost 40 now.
What a horrific story for the child and his family. Also can't imagine the trauma and guilt the driver must have felt.
I did it 98% of the people have done it if you say you didn’t you know you are A goddamn liar I got sober after tho I never hurt anyone and I would prob die if I did
@@Catsss1017
Spoken like a reckless alcoholic.
My mom was pinned between a drunk driver and a shopping cart. I had to sleep at the neighbors for 3 days, couldn't go to the hospital, didn't know where my mom was, if she was going to be alright. I had to go to school and pretend everything was fine. My teachers noticed something was up and scheduled a meeting with the counselor. I remember I was inconsolable in the office and I was sent home still wailing. My dad did his best to soothe me but I couldn't function until we picked my mom up from the hospital.
My mom was rammed from behind by a drunk driver on Xmas eve. Her life was changed immeasurably. Getting into a car and driving after you've been drinking is a crime and reprehensible.
what a great episode. Quality episode, quality writing. modern writing can't a hold a candle to the grittiness, style and emotion in these earlier episodes.
This episode makes me want to cry for Jack 😭
Why? He won and he got the man behind bars.
@@geoffwilliams4478 because it brings all the grief back for him , the death of Claire and he deeply struggled with it
I love episodes that highlight the fact that it’s literally impossible to be completely and fully impartial on every single circumstance that any public servant, be they a prosecutor or a judge, may encounter. It’s antithetical to having an identity. And the law isn’t about what’s right or wrong-it’s about who argues better, and about the system it enforces. The best line was the judge talking about how he is offended by the fact that the system’s sentencing for such crimes is so light.
For Jack McCoy, this one hits really close to home😢He's so passionate about his work & especially this case. And gosh, he looks so good ❤❤❤❤
Because the last assistant he had a relationship with was killed in an auto accident by another drunk driver.
He struggled with it throughout the rest of the series, that he possibly could barely remember his own daughter he had with another assistant.
@@geoffwilliams4478 wait he had a daughter?!
@@AlyssaFowler-j4n Yep. It's vaguely mentioned, but in the last episode from the season before the Hollywood Writers Strike, it shows that his daughter followed in his, and mother's, her .
@@geoffwilliams4478jack daughter is lawyer the actor who played the role in real life is Sam's daughter and she is actor
I look better.😊👍
This was not the man's first DUI. I think he should have gotten more prison time simply because hitting and killing a pedestrian is a foreseeable consequence of driving drunk.
My brother was killed by a drunk driver in 1986. It was a hit and run. The human body has 206 bones. Every bone in my brother's body was broken. The driver was in the Air Force. He served his full sentence of 8 years. Sentence not long enough. Never long enough.
Only a few months ago, I was hit by a drunk driver. I was waiting at a red light and a drunk driver rear ended me so hard my car slammed into the one in front of me. Thankfully, no one was hurt but my car was totaled. There is no excuse for drinking and driving.
I'm 71 and have been driving since I was a teenager. In all that time I only was in one accident: I was hit by a drunk driver while I was waiting at a stoplight. I was wearing my seatbelt but was hit with such force that my glasses shot to the back of my station wagon and cracked the window. (The station wagon was undrivable after that. I had insurance but it was from a low-cost "we don't pay anything until the court orders us to" company.) The drunk had no insurance at all.
My girlfriend was not wearing her seatbelt - She ended up in the hospital for a couple days.
The drunk driver got off because the cop wrote the wrong date on the ticket.
@@ROGER2095 I completely understand. The driver who hit me, then tried to drive off without giving me his information but, thankfully, the cops stopped him. Drinking and driving is a huge problem in this country.
when mccoy raises his voice it's always epic
I know it’s a show, but I always get choked up when I see a kid die
That’s because you are a caring human being. ❤️
I feel the same way it’s shockes me and makes me want to cry 😢
Drunk driving punishment have been going on for so long now that I am surprised that people still do it.😢
I can't believe that potential death doesn't stop people from driving. So revolting.
Selective memory, he doesn’t remember anything but he knows he didn’t speed up. How convenient
One of the best episodes ever!!
If he was "sorry", how come he said it with a straight face and showing no remorse?
Because he still doesn’t really believe he is responsible, like most alcoholics, he blames the drink, not himself, in the end, he’s not really sorry, he’s just scared for his own life because it’s now only finally starting to dawn on him that he could be executed.
Mainly because he wasn't
Because he'd already had his emotional moment on the stand where he broke down under McCoy's questioning. That's not in this clip. The show usually doesn't give guilty defendants multiple moments where you might feel sorry for them.
@@t-rexcellentreviews1663 He doesn't remember it so it can't be true.
@@t-rexcellentreviews1663 I think the person who buys a drink (or any other intoxicant) for themselves is guilty, because rarely does anyone force someone to drink anything or force them to take other intoxicants (criminally spiked drinks are a different story). Yes, alcoholics do drink their own alcohol without any help and they even get more when they run out. Or they ask a potential enabler (usually a spouse or other close person) to get more if they themselves are unable or unwilling or they just do not have the money (even though some addics get their money illeagal ways). And by that I mean buying from a store.
This drunk driver in the series seemed to have no regrets about his actions and even when he was arrested he behaved aggressively (he must have been under the influence of some intoxicant at that moment) and also seemed really arrogant when the police questioned him very first time. So I also suspect some degree of narcissism. Although narcissism and alcoholism often go together, either because the alcoholic was already a narcissist to begin with or because alcoholism unfortunately brings narcissistic traits to the person. Denial in particular, i.e. that they think that they are not to blame for anything, but the cause is always in some other person or thing.
This reminds me of when police lied about having proof that someone had killed someone else during a blackout and convinced the guy to confess since he didn't remember anything. He didn't kill anyone and he spent years in prison.
what ?? the police lied ?? heaven forbid --- guess that's why they have immunity ...
And this reminds me of the time when the cops lied about evidence they didn’t have, and convinced a guy to admit to a crime he did commit.
@@gawainethefirst Was it necessary to lie to get the conviction or just convenient? Also are you saying its okay to use bad tactics that lock up innocent people as long as it also gets guilty people?
The actor who played sleazo judge Gary Feldman was excellent.
@@shadowrobot7708 if it gets a guilty party to confess and face justice, I’m not sure that I would label it a “bad tactic.”
On the flip side of your question, is it not equally a “bad tactic” for the police to not use any tool within reason to find the truth?
Jack McCoy is the best. My all time favorite TV hero.
Drunk drivers, especially repeat offenders, who kill someone should be charged just as harshly as if they used a gun on them instead.
I still don't understand why people who get caught drink at the wheel don't get their licence revoked for 10 years and have to do their exams again. Why do we just let dangerous poeple on the road is wold to me.
"Your car came back from Russia, Bernie...with love."
This right after I watched a clip about a V12 Vanquish is extra funny.
My favorite show
To be fair, he was feeling bad to remember that was a drunked driver who killed Claire
Are you sure ?
@@teodorusdikypermadi maybe, that's my interpretation
Indeed. Jamie calls him out for it specifically in the episode. After that Jack starts rethinking his priorities.
@@asecretone yeep
Jack lost all perspective and tried to make an example of this guy because of what happened to Claire.
Steve Rhoades left Al Bundy's neighborhood in Chicago, and then became a lawyer in New York.
Only in America!
That must have been after he got out of federal prison for stealing that rare egg.
Finally someone mentioned him!!
I was honestly expecting a twist where the blonde was actually the one that killed the pedestrians and she just blamed it on the drunk guy knowing he wouldn't remember a thing.
much better ending
I know! usually these cases are never straightforward, there will always be some twist or last minute discovery the detectives didn't look at.
@@themachoechidnaugandarandy7583 it's always amazing how they find a piece of evidence well into the trial
@@themachoechidnaugandarandy7583 This case was more about Jack and the Judge than the actual case. That is why it was more straightforward.
15 drinks on a flight… I don’t think they’ve done that in the last 25 years.
How times have changed.
This is an interesting legal issue. Normally, one thinks of "Exculpatory" as casting reduced guilt on a criminal defendant. But it could also be information that reduces sentences or punishment. Here, the out of court statement, makes it abundantly clear that the Defendant was guilty on the vehicular homicide, so technically not exculpatory (but nearly all prosecutors would turn over). But because of the overcharging of murder due to the inadequate statutes under the situation, it also snugly fits into "lower" charged counts. So McCoy and Judge were wrong legally and probably ethically.
I hate drunk drivers with a deep, burning passion. I have ended relationships *friends etc* and gotten into fights over it.
How on earth does being drunk while driving amount to any kind of defence? If anything it should be an exaggerating factor, especially when that person has prior history of such.
This guy wilfully chose to drink, knowing that doing so puts others in danger.
Maybe he had no control while driving, but he had control in bringing his glass to his lips.
Lennie Briscoe…the best. I miss him so
Problem with Peacock is they don't HAVE THIS SEASON! I don't know why they don't have ALL of L&O, when it's NBC's show! As of today, 5/21/23, they only have 9 seasons, 13 through 22. Can't even get this episode. (Edit: Apparently this has been the case for at least two years, based on the messages I saw on Reddit about the same issue.)
They show this long clip as an advertisement to get people to subscribe and then it is not on the Peacock website anyway.
God I miss Jerry Orbach 😢
As much as this guy's actions disgusted me, I was very much against Jack and the judge ignoring due process of law. No matter how evil the defendant's actions may have been, a kangaroo court is not justice.
I hear the people who hate drunk drivers. But I also see your point.
In the end, it's a very fine and difficult line that has to be walked for justice.
Oh hush - it's not that deep.
Sometimes Kangaroo court is what’s needed to serve justice. This was no justice.
@@Adghhhhhh-z8jNo.
You start playing with that fire even when the statutes are inadequate and it'll burn down *everything* and the next thing you know, you'll have the equivalent of the NKVD or the Gestapo knocking down doors on the regular.
No, you change the statutes so such miscarriages of justice are not law.
It's easy to talk when the person who got killed isn't from your family. I bet you wouldn't have the same thinking had that been the case.
Jefferson being a lawyer of drunk driver perfectly fits his future as Bundys neighbour
Does Peacock realize they are advertising unavailable episodes? What teir do you need to watch seasons before 13???
I have the max plan and no early eps are available. I am getting DVDs.
@@hazeleyeesThis
Good Morning Mercy....Again....Thanks NYPD
I come from a country that is famous for its beer and it is also famous for how much an individual drinks a year. Yet, our country has one of the most strict policy about driving under the influence. The tolerance is 0.0 %, which doesnt occur anywhere near our country. And the law is also very strict about it. I find some sentences ridiculous and not enough in my country, but the one about alcohol is taken very seriously here and I am very happy for it given the fact that people drink here a lot and we have a lot of famous beer breweries (and we are not known only for beer, but for other alcohol types and branches too). I do not mean to brag, I do not drink beer myself so... but I am just happy that this rule is taken seriously, at least some is.
In Wisconsin a person can get up to 7 DUIs before it gets serious or if they kill someone, whichever comes first.
Im confused, there were three deaths. Shouldn’t there have been 3 sentences of 5-15, and a judge has the discretion to assign them consecutively (one after the other) or concurrently (all at the same time). So a consecutive sentence would really be 15-45. Why didn’t the judge do that? Can someone who knows the law please explain?
Excellent points!
Looks like the judge can be one of those drunk drivers in his past haha
@gregorymoore4590 Did you even watch this episode? The judge was against the defendant from the start. He even wanted the death penalty to be on the table for Mr Drexler as the judge even told Mr mccoy "I am not accepting this plea agreement". Mr mccoy had a soft spot for the defendant and he felt that Drexler doesn't deserve the death penalty for him being so drunk that he couldn't tell the difference between right or wrong and couldn't even remember anything. Because this was a driving incident that killed more than one person it's either the death penalty if it goes to the jury or the maximum prison sentence under any plea agreement which is 5 to 15 plus probably a life time bann from driving.
@@zackq8865I get all that, but McCoy had no soft spot for the defendant, he even said he’d be at every probation hearing objecting to him getting probation. I’m saying it’s 5 to 15, times 3, which is 15 to 45. As long as the judge assigns the 45, which you would think he would given his agenda, then that’s what the guy would get if he doesn’t get probation. He comes up for parole after 5, no probation, probably again at 10, no probation, first penalty ends at 15 but second one starts, as long as they run consecutively with no probation, he gets 45 years right? Can’t the judge assign them consecutively, rather than concurrently?
The one where Jack goes nuts.
Lawn order: business name for landscaper.
If only they put seasons 1-12 on peacock
Exactly
Three dead and one of them a kid, this pos gets 15 years maybe ? Very sad for the families .
wow steve rhodes went from married a chicken to a lawyer lol
It's one thing if you drive drunk once and hit or kill someone, but it's an entirely different thing if you have a history of DUI's and have suspended/revoked driving privileges while you do it. I don't in any way understand how those can't be considered enhancements or make the charge greater (and come with a much harsher sentence).
4:05 - Why Briscoe is the GOAT!
1st offence can claim drunk
2nd+ offence you chose to drink again so you accepted the responsibility of everything you knew you could do including killing someone so full sentencing without intoxication as a defense but as a reason of guilt.
My France's was hit head on by a drunk driver going the wrong on the interstate. The laws and punishment needs to exemplify the tragedy that loved ones, friends all the people in their lives. My heart goes out to ALL survivors and those hurting.
former casino, industry personnel here, back in the early parts of 2000s a bunch of friends and I were going to dinner one day and one of our friends got hit by a drunk driver, our friend was lucky to be alive, but the person who hit was heavily connected family member and hired a very good lawyer when the drunk driver could get 15 to 20 years got reduced down to about 1000 hours of community service all of us, including our friend felt cheated out
Cliff Gorman, who plays the judge, was in perhaps the most hilariously named movie of all time: Night of The Juggler.
I've said it before and I'll say it again Jack McCoy is the best character in tv history
Driving under the influence of anything that impairs your ability to drive well and doing this knowingly is evil and should be the same as murder because it is if someone dies because of it.
Oscars for those two kids at the beginning, lol.
Jack almost went full Mad Dog in this one
Jack always walks the line. That's what makes him so interesting. It's also what makes his assistants so good. It takes a special kind of person to be able to pull jack back from the line. Especially when he's hell bent on crossing it.
This must be the episode where he tries to make this about Claire.
@@hazeleyeesIt is. Jack was acting like he was prosecuting the guy who killed Claire.
@@amead78 thanks!!!
About 13 years ago I worked at a company collecting money for various charities etc and we all had a meeting with the Canadian head of MADD (mothers against drunk driving.) She told her story and at the time made death by a driver under the influence get 5 years. Pretty sure it has increased here, depending on the province but before then, a DUI was just 3 months of losing your liscence, not sure what vehicular manslaughter was back then.
Everybody's sorry when they get caught
Defense counsel is Marcie's first husband on Married with Children.😯😯😯
7:55 Evidence like this should have come up in discovery, and if Jack got it afterward he should have entered it into evidence before the cross examination.
The poor mother should not have picked up her son from the street. Accident victims should better be left where they are to prevent further inner injuries. He might even have survived... maybe.
This episode highlights the inherent weakness of the US justice system that allows itself to rely on the honor system where prosecutors and judges are allowed the freedom to be obviously biased and still have full discretionary powers over an accused individual's life. If there ever was a change that needed to made in a flawed system, this would be the one.
the judge has influence over an accused individuals life? really? who is he to judge?
McCoy’s dad was a drunk, hence his rage.
I have a young son. I can't watch scenes like this without feeling sick.
What episode is this? Season?
Isn’t the actor who plays the mechanic the same actor who plays the baseball player’s agent in another L&O episode with Briscoe & Green?
Since L&O was one of the few series filmed in NYC, it gave a lot of New York actors jobs playing various peripheral characters.
I don't give a flying fig how blind-drunk he was. The booze didn't drink itself. Plus he tried to cover up after the fact, and he was plenty sober then. Should be depraved indifference homicide.
Doesn't excuse Jack and the Judge's misconduct though, but at least Jack stopped himself from perverting the law.
There has never been a better show. I knew a former judge and he said L&O was the most accurate of any show or movie he'd ever seen. The stories, the acting..."Bernie" was a great a-hole. I liked Stone, but Sam Waterston really brought it here.
Denis O'Hare had some bravura turns on this show also.
Why would any airline serve anyone more than 2-3 drinks?
Coz the expensive price includes free alcohol, but for safety & security reasons, it’s limited up to how passenger behaves
Jack and Feldman should’ve recused themselves
In a perfect world yes. But jack wanted vengeance and the judge wanted to make a political statement. One of the things that makes this episode so powerful is it shows just how easily the system can be corrupted and weaponized.
Great acting!!
My family's story of dealing with a drunk driver fortunately didn't include any deaths.
My mom parked our car across the street from our house near a warehouse. Our housing project didn't include driveways or garages.
One night while we were at the back of the house eating, we heard a crash and raced out of the front door. My mom caught the site of a car racing away. My called the police and the drunk's car was quickly identified by the damage and was located in the next project. My dad was in Vietnam and had a bad feeling about the letter that told him about it. He had to have someone else open it for him.
I don't remember the next part of the story, but my mom does. Apparently we no more got the car back from the shop when the same drunk woman came back down our street and hit the car again!
My mom doesn't know what kind of changes she faced regarding the accidents. All we know is we never saw her on our street again. My dad also didn't have any bad feelings regarding the next letter telling him about the second hit and run.
Repeat offending drunk drivers should have a life long ban on driving. Once may be a case of bad judgement, but anything after that is a case of not caring if they harm/kill someone!
Right side of neck....passenger side seat belt. Cops didn't notice that bit? Might not have been driving....? You know she was not driving. When you give doubtful words like might, scared people latch onto that to twist it into a definite denial, which shuts her down instead of opening her up to spill the beans.
10:33 -- "You tipped your hand."
I don't get what he's referring to. Can someone explain to me?
I think it means when he threatened his license in front of so many witnesses, everyone knows hes biased against drink drivers but there's no proof he's let that affect how the case goes in court. Until then.
@@piyam5000 Thanks, piyam.
The judge wanted a conviction to help propel his political career.
A person could tell that man was not sorry. His license could have been suspended indefinitely. And if he got behind a wheel again, then in prison for 30 years. Ten for each person. But according to the penal code what is a life worth anyway.
His *LIFE* should have been suspended. Period.
I agree with the judge becausevI was the victim of a hit and run when I 5 years old and at 41 I am still dealing with back and spinal pain to this day. Drunk drivers should not get a slap on the wrist
0:17 this is supposed to be a really sad scene but I can't help but be distracted by the little kid standing around completely not caring and staring into the camera.
I didn't know AL's neighbor Steve Rhodes was a Lawyer
Drama or real life, it makes common sense to pass harsher penalties for drunk driving. Not to mention, to add my thoughts, have limitations in restaurants and bars.
10:15 at night, 52 yr old man, just couple days ago, hit and killed crossing, IN a crosswalk....
driver did stop and was not intoxicated
I am just seeing this in 2023, watched a lot of episodes but missed this one, what did McCoy have on the judge
My Dear friend was killed in a car crash I have known her since I was young I had only spoken to her the day before the incident I miss her Dearly sadly no amount of compensation will bring her back but she is as peace now
@9:50, I miss Sam on L&O already
Oooh, Steve from Married With Children moving on up…or moving on down…
Is that the defendant on the stand
What will "5 to 15 years" mean in reality?
Probably not even 5
An indeterminate sentence is one that consists of a range of years, with release determined by a parole board when it periodically reviews the case and determines when, during the range of the sentence, the convicted person will be eligible for parole.
@@joemunch58 Thank you. Now I understand why McCoy said he will be on every one of his parole hearings
@@krishnasanyal7 He states that frequently on episodes so his calendar must stay full. One episode had the 1st parole hearing in "25 years" and he said, "I will be there!"
Might serve 71/2 years maybe
I hardly remember the first 12....😅❤
They should make it that the first pffense is completing removing driving privileges
Being drunk is never a defense, to kill and/or seriously injure someone and then claim they were drunk as if this is a excuse, is adding 100 fold to the pain and suffering of victims/families.
A bit of context: Jack had a deep hatred of drunk drivers after Claire Kincaid’s death by a drunk driver in Aftershock.