Mark Twain advised entertainers to ‘never let the truth get in the way of a good story.” Throughout the twelve seasons of HBO’s Curb Your Enthusiasm, Larry David heartily embraced those words, making a farce of his own life as he plays a fictional version of himself. Of course, he already test-drove this recipe for success […]
The post Larry David Has ‘No Lessons Learned’ Regarding Courtroom Proceedings appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.
Mark Twain advised entertainers to ‘never let the truth get in the way of a good story.” Throughout the twelve seasons of HBO’s Curb Your Enthusiasm, Larry David heartily embraced those words, making a farce of his own life as he plays a fictional version of himself. Of course, he already test-drove this recipe for success in Seinfeld, which ended with a much-maligned finale depicting the characters going to jail for doing nothing. After Larry David and his fellow writers completely twisted the definition of a good Samaritan law and depicted a wholly unrealistic and illegal courtroom trial in Seinfeld, he decided to cap off Curb Your Enthusiasm with a series finale featuring a fitting tribute to the show that made him a star. The finale’s title, “No Lessons Learned,” hinted at both how much Larry has grown as a person and about the accuracy of the courtroom antics to follow.
Yes. “Unlike the completely unconstitutional and fictional Good Samaritan law shown in the Seinfeld finale, the voter law Larry is accused of violating is entirely real,” says attorney Peter Liss. Many people have criticized the law, which was created after many voters in Georgia were forced to stand in hours-long lines to vote in the 2020 election.
Larry David is said to have immediately decided to write an episode about the Georgia law after learning about the passage of SB202, the state’s so-called Election Integrity Act. It’s no wonder that his character protests, “That’s barbaric – what kind of law? Are you serious?” after he is dragged away for giving Auntie Ray water while she waited in line to vote on a swelteringly hot day.
The 2021 law makes it a misdemeanor to provide anyone with food or water within 150 feet of a polling place. While it also banned offering food or drinks within 25 feet of a person standing in line to vote, this provision was struck down by a federal judge last summer.
While it’s unclear exactly how close Larry was to the polling place in the scene, anyone who violates this law could face the same penalties he did —up to one year in prison and $1,000 in fines. Of course, the irony of Larry David being arrested for being a good samaritan after writing an episode about Jerry Seinfeld and his friends being arrested for violating a good samaritan law is pure gold.
While the Curb Your Enthusiasm series finale manages to tackle a real criminal offense this time, the courtroom antics remain just as over-the-top as they were in Seinfeld. While bringing in old associates to testify about Larry’s shortcomings and misanthropic attitude is hilarious, it would never be allowed in court.
Showing that a defendant is a bad person undeserving of sympathy isn’t a valid method of proving someone’s guilt, particularly if the character witnesses continue to testify to things he has done that have nothing to do with the charges at hand. Liss says “a prosecutor can’t argue that you are guilty of the crime you have currently been accused of just because of your bad character, unless it is to help establish part of your motive or intent to commit the current crime.”
As if parading negative character witnesses wasn’t enough of a legal violation, the prosecutor then sums up his case by saying, “Larry David doesn’t respect the law. He lives outside, unrestrained by the guardrails of human decency.” But Liss says trying to convince the jury of Larry’s guilt based primarily on his “long past of violating societal rules, norms and laws which is also impermissible.”
Of course, his defense attorney’s tactics are equally questionable, as he tries to urge the jury to find Larry innocent on the grounds of the law being immoral. Some legal experts indeed argue that the Georgia constitution explicitly legalizes jury nullification, meaning jurors have the right to decide based on the law’s validity, not just the facts of the case. Even so, attorneys cannot legally recommend that jurors ignore the judge’s instructions regarding applying the facts to the law rather than challenging the law’s legality.
That’s not to say that a defense attorney has no recourse if his client is facing charges that could potentially violate his client’s constitutional rights. Instead, Liss notes, “In a real court, you would ask the judge to determine if the law presents an unconstitutional abridgment of voting rights and freedom of speech.”
Just like the cast of Seinfeld, Larry David is found guilty and sent to jail, largely based on those unconstitutional hostile character witnesses presented by the prosecution. But this time, the writers decided not to have it end there —though they fooled viewers by having a pullback shot of Larry behind bars that was nearly identical to the one used in Seinfeld.
Fortunately for Larry, Jerry Seinfeld saves the day when he gets him out of jail after a mistrial is declared. “Oh, my God. This is how we should have ended the finale!” exclaims Larry.
But is this how a real trial would end if a juror who was supposed to be sequestered were spotted out on the town? “It’s possible,” says Liss, “but ultimately, it would be up to the judge to decide if the juror’s misconduct would be sufficient grounds to declare a mistrial. The judge would have to base their decision on whether or not the juror’s behavior would be sufficient to cause that juror to suffer from an incurable prejudice.
Realistically, a night out on the town would be unlikely to bias a juror enough to warrant a mistrial, but it is possible. Even if it was, a mistrial “dismissed without prejudice” would still permit the prosecution to file charges again later, so Larry could still be tried again for the same offense.
Of course, Larry David can be forgiven for failing to perfectly portray legal matters in this final episode of Curb Your Enthusiasm. He is, after all, an entertainer making a comedy, not a lawyer. But if you or a loved one are accused of a crime, especially one related to voter fraud measures, it is critical you speak with a criminal defense attorney with a deep understanding and appreciation of the law. You can schedule a free initial consultation with attorney Peter Liss by calling (760) 643-4050.
The post Larry David Has ‘No Lessons Learned’ Regarding Courtroom Proceedings appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.
