Directed by EW Swackhamer
Written by David Black & Robert Nathan
A five-year-old girl named Dinah Driscoll dies from strep throat after her parents, Ted and Nancy Driscoll, refuse medical treatment for her on religious grounds. However, freedom of religion is a legal defense to endangering the welfare of a child. The case against the Driscolls rests on whether they knew that Dinah was sick enough to die, and whether they sincerely believed prayer would cure her. It is discovered that Nancy Driscoll was drinking (also against their religion) on the night Dinah died, and Ted tried to call 911; suggesting they may not truly have believed prayer would work. They also lost an older child to a treatable illness before Dinah was born. Against Schiff's advice, Stone presses for manslaughter charges as well as endangerment. The Driscolls refuse a plea deal for the sake of their religious beliefs.
In court, to get both parents convicted, Stone must prove Nancy was present when Ted called 911. Under questioning, she admits that she and her husband argued over what to do for Dinah. Ted started to call 911, but Nancy stopped him, fearing that he would go to hell if he went against their faith. When instructing the jury, the judge deliberately frames his instructions to encourage acquittal (as is standard in such cases, because of the freedom of religion defense). The jury finds the Driscolls not guilty of endangerment, but convicts them of manslaughter. Stone does not believe they will be given jail time but hopes the case may save another child now that precedence has been set for conviction of a parent.
This episode contains examples of:
- Against My Religion: The Driscolls state this as their justification for refusing to take their kids to a hospital resulting in both dying.
- Death of a Child: Five-year-old Dinah Driscoll dies at the beginning of the episode.
- Deathbed Confession: Subverted. The Driscolls' housekeeper says that the daughter asked for a doctor a few hours prior to her death; however, because the daughter didn't have direct knowledge that she was going to die, the confession is not admissible.
- Here We Go Again!: This is everyone's reaction when they hear that Mrs. Driscoll is already planning for another child.
- Outliving One's Offspring: Ted and Nancy Driscoll had two children, both of them died.
- Parental Neglect: Of a different sort than usual. The Driscolls don't neglect their daughter in the sense of being uninterested in her welfare (they clearly cared for her deeply and didn't want her to die), but because of their religious beliefs, they fail to take the action that would have saved her life.
- Ripped from the Headlines: Based on the case of Alex Dale Morris, a child who died from an easily treatable infection after spiritual healing.
