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Mad or Bad? Negotiating the Boundaries of Mental Illness on Law & Order
Unformatted Document Text:  ICA- 14-10406 18 McCoy and Claire Kincaid and the prosecution’s psychiatrist, Dr. Elizabeth Olivet discuss the case. Claire Kincaid: I’ve got to tell you, a mother killing her own baby with no motive whatsoever, you have to wonder. Jack McCoy: Do I have to explain the law to you Claire? Crazy is not the same as legally insane. Claire Kincaid: I’m just saying that what Leah Coleman did was incomprehensible to me, the jury’s got to feel the same way. If she wasn’t sick, who is? Jack McCoy: What are we doing here? Claire Kincaid: Jack… Jack McCoy: No Claire, substitute psychology for morality and our jobs become obsolete. Dr. Olivet: This is an extreme case. The jury’s going to want to know why she did what she did. Jack McCoy: Maybe she was just downright bad. Dr. Olivet: Do you really believe that? Jack McCoy: With all due respect to your profession Liz, I think its been overplayed in the courtroom. Claire Kincaid: So people are just good or bad period. Jack McCoy: It’s better than healthy or sick. Deny evil and you deny responsibility. Open up the jails and send everyone to a shrink. (Angel, 1995) This dialogue captures the arguments raised by those in society who see our ability to clearly differentiate right from wrong slipping away. The clear dichotomy of good and evil, or for that matter healthy or sick is increasingly elusive. Flawed System The episodes that fall into this category were slightly different in that there was a tacit acceptance of some degree of mental defect with the defendants, but the strict legal standard of insanity resulted in difficulties for the District Attorney’s office. Given the restrictiveness of the law, the characters in these episodes openly searched for ways that the defendants could receive mental treatment while still meeting the societal demand for punishment. These discussions highlighted not only the limits of the legal definition of insanity, but also the level of care received in state mental health institutions as well as the societal push to try

Authors: Gans, Rachel. and Wardle, Claire.
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ICA- 14-10406
18
McCoy and Claire Kincaid and the prosecution’s psychiatrist, Dr. Elizabeth Olivet discuss the
case.
Claire Kincaid: I’ve got to tell you, a mother killing her own baby with no motive
whatsoever, you have to wonder.
Jack McCoy: Do I have to explain the law to you Claire? Crazy is not the same as
legally insane.
Claire Kincaid: I’m just saying that what Leah Coleman did was incomprehensible to me,
the jury’s got to feel the same way. If she wasn’t sick, who is?
Jack McCoy: What are we doing here?
Claire Kincaid: Jack…
Jack McCoy: No Claire, substitute psychology for morality and our jobs become
obsolete.
Dr. Olivet:
This is an extreme case. The jury’s going to want to know why she did
what she did.
Jack McCoy: Maybe she was just downright bad.
Dr. Olivet:
Do you really believe that?
Jack McCoy: With all due respect to your profession Liz, I think its been overplayed in
the courtroom.
Claire Kincaid: So people are just good or bad period.
Jack McCoy:
It’s better than healthy or sick. Deny evil and you deny responsibility.
Open up the jails and send everyone to a shrink. (Angel, 1995)
This dialogue captures the arguments raised by those in society who see our ability to
clearly differentiate right from wrong slipping away. The clear dichotomy of good and evil, or
for that matter healthy or sick is increasingly elusive.
Flawed System
The episodes that fall into this category were slightly different in that there was a tacit
acceptance of some degree of mental defect with the defendants, but the strict legal standard of
insanity resulted in difficulties for the District Attorney’s office. Given the restrictiveness of the
law, the characters in these episodes openly searched for ways that the defendants could receive
mental treatment while still meeting the societal demand for punishment.
These discussions highlighted not only the limits of the legal definition of insanity, but
also the level of care received in state mental health institutions as well as the societal push to try


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