License to Kill is one of those episodes that scratches that itch only L&O can. The episode is about an interesting ethical question, relevant to criminal law, in which multiple laws and views clash.
A man witnesses a murder and kidnapping and attempts to apprehend the culprit by following him in his car. The good samaritan inadvertently -- though perhaps negligently -- causes the gunman to crash his car into a diner, injuring several people and killing the driver. McCoy decides to fervently prosecute the man who caused the crash, who he perceives to be a fame-seeking vigilante, when the kidnapping victim, a teenage boy, dies due to injuries sustained in the crash.
The episode is an interesting look at the idea of a 'citizen's arrest' and its limits: what is a citizen allowed to do when he or she witnesses a crime and thinks they can help? The crux of the episode really is about mens rea, the state of mind of the guy who tried to stop the gunman from fleeing and kidnapping a teenage boy. McCoy clearly thinks the man was more concerned with his own heroism than the safety of the public, but I don't think he made his case. While the man tried to call 911 and report the crime, according to McCoy, this was not enough. He should have aborted the chase and sought help instead.
Not only do I disagree with McCoy in his immediate jump to "vigilantism", since the man witnessed a crime being perpetrated and was therefore legally allowed to detain him, I also don't buy his belief that the man was simply out for heroism. He tried to inform the authorities which didn't work and there is no way to deduce from the facts of the case that the man ignored opportunities to inform the police. It might well be true, but there is no way to read the man's thoughts, so he may well have thought his course of action was the best and only way to rescue the kidnapped boy. The fact that it all ended in tragedy is unfortunate, but no different to when the police inadvertently harms a member of the public during the chase or apprehension of a criminal. The only crime our good samaritan was guilty of is leaving the scene of an accident.
So definitely an interesting episode, plenty of food for thought.
A man witnesses a murder and kidnapping and attempts to apprehend the culprit by following him in his car. The good samaritan inadvertently -- though perhaps negligently -- causes the gunman to crash his car into a diner, injuring several people and killing the driver. McCoy decides to fervently prosecute the man who caused the crash, who he perceives to be a fame-seeking vigilante, when the kidnapping victim, a teenage boy, dies due to injuries sustained in the crash.
The episode is an interesting look at the idea of a 'citizen's arrest' and its limits: what is a citizen allowed to do when he or she witnesses a crime and thinks they can help? The crux of the episode really is about mens rea, the state of mind of the guy who tried to stop the gunman from fleeing and kidnapping a teenage boy. McCoy clearly thinks the man was more concerned with his own heroism than the safety of the public, but I don't think he made his case. While the man tried to call 911 and report the crime, according to McCoy, this was not enough. He should have aborted the chase and sought help instead.
Not only do I disagree with McCoy in his immediate jump to "vigilantism", since the man witnessed a crime being perpetrated and was therefore legally allowed to detain him, I also don't buy his belief that the man was simply out for heroism. He tried to inform the authorities which didn't work and there is no way to deduce from the facts of the case that the man ignored opportunities to inform the police. It might well be true, but there is no way to read the man's thoughts, so he may well have thought his course of action was the best and only way to rescue the kidnapped boy. The fact that it all ended in tragedy is unfortunate, but no different to when the police inadvertently harms a member of the public during the chase or apprehension of a criminal. The only crime our good samaritan was guilty of is leaving the scene of an accident.
So definitely an interesting episode, plenty of food for thought.