Law and Order
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"Teenage Wasteland"
L&O, Episode 11.12
Production number: E1315
First aired: 7 February 2001
  th of 456 produced in L&O  
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Mitch Regan
Written By
Barry Schindel & Aaron Zelman

Directed By
Constantine Makris


Plot

The beating death of a restaurant owner leads Briscoe and Green to thrill-seeking teenagers; Lewin is forced to decide if 18 years old is too young for the death penalty.

Synopis

Cast

Main cast

Guest cast

References

Tommy Ngai

Quotes

(After Mitch Regan says the killing was an accident)

Charge him with murder. A person doesn't lose the back of his skull unless the killer intends him to.

–McCoy


(in regards to seeking the death penalty for 18-year-old Mitch Regan)

Lewin: What should be the standard to take the life of a teenager?
Carmichael: Where I come from, it's where the crime committed is so vicious, so cruel, he forfeits the right to get any older.
Lewin: Where I come from a person can't forfeit that right. We can only take it from him.

(Lewin addresses the press regarding her decision on seeking the death penalty for Mitch Regan.)

Lewin: My decision today continues this office's decision of objectively applying the laws of this state to the cases it's charged with prosecuting in this great city. Ours is an island but we are not untouched by the national debate or its dictates concerning the death penalty. That being said, my decision goes against my personal feelings, but as District Attorney, I took an oath to uphold the law which includes applying the death penalty fairly with due process of law. To do otherwise would be to substitute my own judgment for the judgment of those the people elected to make such decisions. Accordingly, I am forced to conclude that notice to the court of our intention to seek the death penalty in the case of the People versus Mitch Reagan is appropriate.


(last line)

Lewin: With any luck, we'll be able to strap him to a gurney before he's 21. God help us all.


Background information and notes

Background information and notes

The story was inspired by the Jin-Shen Liu case, in which a Chinese deliveryman was lured to his death by five Queens teenagers. In the real-life case, none of the teenagers were charged above murder-two, and therefore none were facing the death penalty.

The sentencing issue mentioned towards the end of the episode eventually led the repeal of the death penalty in New York in 2004, three years after the episode aired. As portrayed in the episode, in New York law, when a defendant was facing jury sentencing in a death penalty case, the jury were only able to choose between two options - life without parole, or the death penalty. In addition, judges were legally obliged to inform the jury that if they were deadlocked and could not make a decision beween the two, then the judge would have to impose a mandatory third sentence - 25 to life with the possibility of parole. This provision was criticized as it was feared that many jurors would be 'scared' into going along with the death penalty as they did not want to take the risk of the killer ever getting out on to the streets. In 2004, the New York Court of Appeals ruled this provision unconstitutional, effectively ending the death penalty in New York. (see People v LaValle)


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"Teenage Wasteland"
Law & Order
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