The Maginot Line was a line of concrete fortifications built by France in the 1930's the help deter invasion by Germany. When Germany finally did invade they exploited a weakness in the line, which did not extend all the way north to the English channel. The French government figured that the terrain in the Ardennes forest was too rough for a German invasion force to traverse in a fast amount of time so they never built the line that far north. The Germans were aware of this flaw and brought special equipment that allowed them to clear trees out of their path much faster than French strategists anticipated, so the vast expense put into the Maginot line was ultimately for nothing. The line has since become a metaphor for expensive efforts that offer a false sense of security, which is what Claire meant when she called the DA's office the Maginot line of the criminal justice system.
"Pro se" is a Latin term meaning "on behalf of themselves". In legal terminology it is used to refer to a person who advocates to the court on their own behalf instead of being represented by an attorney.
This episode appears to be based on four different cases:
- The 1987 David Riggins case. During the early hours of November 20, 1987, David Riggins went to the Nevada apartment of Paul Wade, who was later found stabbed to death. Approximately two days later, Riggins was arrested for the capital murder and robbery of Wade. After his arrest he complained of hearing voices and sleeplessness, telling the jail psychiatrist that he had taken Mellaril in the past. The psychiatrist prescribed him increasing doses of Mellaril at Riggins' request, until Riggins was taking 800 milligrams a day, considered a very high dose of that medication. Riggins was evaluated and found competent to stand trial, with one of the three evaluating psychiatrists dissenting. Riggins stated he planned to present an insanity defense and requested that the Mellaril be discontinued until after the trial so that the jury would see his mental state first hand rather than be given a false impression induced by the medication, which would deny him due process. The court heard testimony from three psychiatrists with differing opinions and then gave a one-page decision denying Riggins' request but giving no rationale for the denial. At trial, Riggins presented an insanity defense and testified on his own behalf. He indicated that, on the night of Wade's death, he used cocaine before going to Wade's apartment. Riggins admitted fighting with Wade, but claimed that Wade was trying to kill him and that voices in his head said that killing Wade would be justifiable homicide. A jury found Riggins guilty of murder with use of a deadly weapon and robbery with use of a deadly weapon. After a penalty hearing, the same jury sentenced him to death.
- The 1992 Scott Panetti case. Panetti, a Texas death-row prisoner diagnosed with schizophrenia and schizoaffective disorder who believes he is at the center of a struggle between God and Satan. The state continues to insist he is competent to be executed. Panetti represented himself at his trial, appearing in court wearing a cowboy outfit and making bizarre, rambling statements. He attempted to subpoena Jesus Christ, the pope, and 200 others. He was convicted and sentenced to death. In 2007, the U.S. Supreme Court granted Panetti a rehearing on his claim that he is incompetent to be executed, saying that the state's definition of mental incompetence was too restrictive. The Court ruled that the Eighth Amendment prohibits a state from executing a prisoner whose delusional beliefs prevent him from having a rational understanding of the reasons for his execution.
- The Milton Johnson (a.k.a. "The Weekend Murderer") case. Johnson is a serial killer who committed up to ten known murders in Will County, Illinois between June 25 and August 25, 1983. An abundance of evidence linked him to the crimes, including the murder of two police officers. Johnson is now serving his sentence in Menard Correctional Center.
- The 1983-1984 Herbert Mullin case. Mullian was a serial killer who killed thirteen people in California in the early 1970s. He confessed to the killings, which he claimed prevented earthquakes. He noted that there were no earthquakes during his killing spree, and felt vindicated when a Mw 5.8 earthquake hit the area soon after his arrest. In 1973, after a trial to determine whether he was insane or culpable, he was convicted of two murders in the first degree and nine in the second, and sentenced to life imprisonment. He has been denied parole 10 times and is unlikely to ever be released.
Denis O'Hare has played four different characters over the course of the series.
- Episode 4.2 Volunteers (1993) - Harold Morrissey.
- Episode 6.21 Pro Se (1996) - James Smith.
- Episode 8.5 Nullification (1997) - Phil Christie.
- Episode 13.12 Under God (2003) - Father Richard Hogan.
James Smith gets off easy for his insanity-induced murders. He should have gotten the death penalty. James is well aware of what happened when he goes off his medication and willfully stopped repeatedly; this time he advanced beyond assault, to murder.