The Practice
The Means

Episode Report Card
Deborah: D+ | Grade It Now!
Written by: David E. MachiaKelley

Bobby asks him to read another portion he's preselected: "This frenzy of aggression precludes the individual African-American male from forming a specific intent to hurt or commit mayhem." (I think he says "mayhem," could be "malice" though; the sound on the tape is a bit blooby. It's a word. Don't make me come over there.) The prosecutor says, "Give me a break!" The judge says, "Miss Hart." Finally, a name. Just in case that wasn't clear to everybody, Bobby asks Traub to dumb it down: basically, black men can't be held psychologically accountable for their actions when "taken over by this form of temporary insanity." I'm sure Mike Tyson will be pleased as punch (har) to hear that. He likens it to pack behaviour among animal groups. Urge to poke out eyes and stab self in ears with letter opener becoming overwhelming....must resist...that's a David E. Kelley sweeps ep for ya. Miss Hart objects to this "racist quackery" being passed off as legitimate science. The judge says the court's position is not to judge scientific validity, only its relevancy. Yeah, swell, but how relevant can something invalid be? Bobby asks Traub to account for this tendency among black males. Traub claims it stems from a "commonly shared emotion of frustration, from feeling locked out from full participation in society. And when a situation presents itself that gives them a way to release that powerful frustration, it's like lighting a spark to an explosive: it can't help but blow." Traub goes on to testify that they don't find this tendency among whites, Asians, or Hispanics. He then suggests black males may be unable to resist this behaviour, like victims of a disease. Aaron and Eugene glare. Miss Hart's turn. Traub insists that he's saying this phenomenon only occurs in some situations, not all the time. He also asserts that he's not the only expert or academic making such claims. He says he's just saying it's possible. She attacks him on the basis of his fee for testifying, and asks how much he's charging. Bobby, of course, objects. The judge overrules; Traub tells her. She adds that that's in addition to expenses, and asks if he charges for mileage. He does. She asks how much time he spent with Aaron Wilton; he hedges, but it comes out that he spent less than an hour interviewing Aaron. Miss Hart says that Traub makes her sick. Bobby objects. The judge strikes the remark. Miss Hart tells Bobby as she passes his table, "I'm surprised at you." He objects again, the judge exclaims, "Miss Hart," and Eugene's stomach refines the ulcer it's been working on ever since he jumped on Bobby's bandwagon.

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The Practice




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