Law & Order: SVU Season 28 Episode 1 Review: A Painfully Relevant Hour

Law & Order: SVU Season 28 Episode 1 “Volition” is a timely—no, make that timeless because, seriously, it’d be relevant at pretty much any time—season premiere that manages to simultaneously be the perfect embodiment of the old “the more things change, the more they stay the same” saying and its converse. Yes, we begin the new season in painfully familiar territory, with an all-too-predictable outcome in the courtroom. But it’s what happens after the first failed attempt at getting justice for victim Emily Dawson (Lizzy Declement) that makes the hour feel like the start of something new.

The episode features the type of case that, if not for courtroom testimony about the victim wanting to call an Uber, could’ve been the central focus of any of the series’ nearly 600 episodes to date. (Episode 600 is coming later this season.) We all know the story. Girl has too much to drink. Boy rapes girl—or, worse, boys rape girl. In the absence of a miracle, the law says, basically, “nothing to see here.” As Detective Griffin says at one point, “the law is garbage.” Unsaid but equally true: The lawmakers who don’t make it a priority to update that law…are also garbage.

Rather than ending with the mistrial, or even closing out the hour with Liv airing her grievances over drinks with a new friend, the SVU Season 28 premiere takes us back to the courtroom. This time, it’s a win. But the way Olivia goes about getting the necessary testimony fractures something in her relationship with ADA Carisi and involves means that are entirely legal, yet…complicated. When Benson tries to defend herself, it very much comes across as Liv trying to convince herself she did the right thing as much as she’s trying to convince Sonny. Also, there’s no “all’s well that ends well” sort of moment for this hour, considering Benson’s attempt at congratulating Carisi isn’t exactly met with warm fuzzies.

Ultimately, it’s that tension, as well as the question of how much Olivia Benson is willing to compromise—how grey of an ethical area she’s willing to dip into—to get a just outcome, that makes this a thought-provoking, fresh, and still classic sort of episode. Because it’s actually not like Benson’s never colored outside the lines—not even like she’s never gone way overboard in her pursuit of justice. And yet…and yet, as much as “Volition” feels like something old, it equally feels like something new in a way that makes us look forward to the rest of the season. So, as far as season premieres go, count Law & Order: SVU Season 28 Episode 1 as “mission accomplished.”

MORE: Here’s what we thought of the Season 27 premiere.

Olivia Benson at her best

Law & Order: SVU Season 28 Episode 1 is nothing if not an episode of The Olivia Benson Show. I’m sure I’ve used some version of that descriptor as snark in the past, but it’s praise here because the character’s not being misused as some sort of empty fearless leader/empath/inspirational quote generator. No. The story simply focuses on her, centering her as the main character she’s supposed to be, while allowing her to be multi-dimensional and flawed. As the storytelling cracks Liv open and puts her in a place where she’s just as frustrated as we are, nearly every “best” scene I can think of rightly involves Mariska Hargitay laying down a strong performance—now, with actual material worthy of it…again, unlike some previous years.

After a classic cold open, we spend a significant amount of time with Liv and Emily. It’s like a “welcome home” of sorts. After all, what better way to begin a new season than to remind us why viewers keep coming back in the first place? The fantasy of someone who truly cares, who refuses to let survivors blame themselves for what others have done to them, is just that—a fantasy—but it’s such a warm, comfortable one to get to visit every so often. Yeah, we’ve seen hundreds of episodes with a victim disclosing, with Olivia reassuring them in that soft voice of hers, but nobody’s complaining about getting more. At least, I’m not.

With the introduction of J. Smith-Cameron’s Gwen Sharpe, Captain Benson now has someone she can spend time with who isn’t actively working “under” her in her department. The way Olivia and Gwen instantly click could feel contrived or under-developed in the wrong hands, but here, it’s spot on. Delicious, even. Sometimes, you meet someone who does automatically feel like an old friend. And, despite Olivia clearly being totally baffled by this complete stranger coming to her with jury selection advice and having all the answers, it’s also the shock—the “wow, who is this, and how does she just…get it“—of it all that, I think, makes it possible for Liv to unburden herself.

She’s been carrying so much weight for so long, and although Fin and Amanda are both great shoulders for her to lean on when she needs them, there are plenty of reasons why she might feel like she shouldn’t ask them to help with this specific burden. Besides, someone who’s endured as much as Olivia Benson has, who’s doing the type of soul-crushing work she’s doing, deserves as many friends as she can get. It doesn’t have to just always be those two, plus the occasional Elliot. In fact, it shouldn’t. That’s unfair to all involved.

So, that’s the setup and the justification for why introducing Gwen, and letting Liv be vulnerable with her works in theory. Well, as we see in Law & Order: SVU Season 28 Episode 1, it also works in practice. That’s all down to the performances from Hargitay and Smith-Cameron. As Hargitay goes on this journey from defeat, to Liv kind of robotically reciting the same lie she’s told herself for years so she could keep going (“it’s the fight that matters”), to frustration, to outright anger—a sort of burning rage in her eyes as she pauses before finishing with “that is the problem”—it’s just all so…real.

And it’s all in the details—the way Hargitay twists her mouth like she’s tasted something bad but isn’t sure if she can/should spit it out here, or squeezes her eyes shut in pain there, or sarcastically raises her glass before downing the rest of her wine. It’s in a breath, a pause to fight through it…and truly so much more. All the while, Smith-Cameron brings a genuinely curious, gentle, and thoughtful presence to Gwen that allows for Hargitay to take Olivia through so many emotions. As far as Gwen’s advice to “just fight different” goes, Law & Order: SVU Season 28 Episode 1 never implies that it’s meant to push Liv toward what Hawkins calls “mob tactics.” That’s all Liv’s creative problem solving.

Whatever difficulty there is in balancing “Olivia Benson the hero” with “woman who would arrest a mother to make her son talk,” it’s actually…better for the character than this nonsensical, one-note, almost fetishized stranger who stood in her place for far too long. So, it’s a low point for Liv to fail to get justice for Emily, just as it’s a low point to take that loss so hard when she knows better than anyone how often the justice system falls short. It’s also a low point to feel like she’s accomplished nothing, and there’s no point to any of it, and she should maybe give up despite not being ready to walk away. But sharing that struggle with another person is a strength, even as it may be revealing some weak points. It’s the highest of highs.

And seeing so many sides to Olivia Benson—good, bad, and everything in between—means we’re getting her at her best in this season premiere. She even mentions having a son when she goes to see Josh’s mom! How long has even that part of her been closed off and left out?

MORE: That lady who hit on Liv last season would be so jealous of Gwen.

The Carisi, Hawkins, Benson problem(s)

If Law & Order: SVU Season 28 Episode 1 has any major flaw, it’s, unfortunately…Carisi. When he first mentions his new mentee, the “I doubt this guy’s ever talked to a police officer in his life” line is irritating. It also makes no sense in the context of said “this guy” being fresh out of criminal court. (No, seriously. Would there…not…be…cops…there?)

Additionally, no matter what Carisi may say about him thinking Hawkins won’t stick around because he has money (another thing that doesn’t make sense on a lot of levels, not the least of which is, like, uh…have y’all seen the places Benson’s lived and the quality of her suits), a lot of the way he treats that guy is just out of line. For one thing, there’s way too much open disgust, to the point where the optics are, uh, not great. To say the least.

Captain Benson notices Hawkins is good at his job, though. And how could she not? The jury selection scene is a treat. Jelani Alladin brings so much charisma and charm to the character, it’s almost possible to forget that Hawkins is picking jurors for a rape case. Instead, it feels more like Aidan’s just here, having a chat, making friends. Later, in Captain Benson’s office, he speaks up and takes her side instead of mindlessly going along whatever Carisi says. That’s a good thing…but Carisi doesn’t handle it well. At all.

Rollins and Benson are great when they’re at odds. In a lot of cases, I could say the same for Carisi and Benson. However, the way he reacts to her not wanting to take a deal, and the way he has it out with her in front of his mentee—twice, with that last time at the end of the episode including a thinly-veiled threat when he tells Hawkins to leave—isn’t the “good” kind of tension. It’s more like, “what is going on with this guy?” Because, aside from him being upset that Liv goes behind his back to get what she wants, he’s overreacting. Because he goes overboard, and because he acts the way he does about Hawkins in general, any valid debate he could have with Olivia about going after a mostly innocent mom who, eventually, did help loses its impact a bit. Not completely. But…still.

MORE: Carisi’s acted in ways that didn’t completely make sense before, like when he left Jesse alone on the sidewalk to confront the guy who was staring at her inappropriately. (Emphasis on the leaving her alone part.)

More Law & Order: SVU Season 28 Episode 1 “Volition” Reactions

Another thing I appreciate about the very beginning of this episode: No ambiguity, whatsoever. There’s no question that Emily is a victim. The law may be outdated and gross, but viewers know from the very beginning what her mental state is like when she finally leaves the scene of the crime because that’s when we meet her. That’s not a girl who just got drunk, did some things she regretted, and made up a story. (It almost never is.)
That blurry, fractured image of the stranger on the subway in the mirror? Very cool.
Ok but can we talk about Olivia’s hair? SVU is so back.
Every time that nurse tries to tell Emily’s story for her, the faces Olivia makes are just classic. Particularly love the side-eye in the background after the “I’m just helping her remember.”
“…but trust me, that will bite us in the a** at the end.” By the time we actually get to the end, it turns out Emily taking the nurse’s advice would have helped, and once we get the full story from Josh, it also turns out that she wouldn’t have been lying. Ouch, ouch, ouch. On so many levels!
“You know how this ends for her.” “I don’t. And, quite frankly, neither do you. Super timing before the nurse responds, and the way she just looks directly at Liv is so good. “You know, it’s so weird. You’re in a position where you could actually help her. You just won’t.” Another ouch. Of all people, Olivia Benson isn’t the one to say this to; then again, most of the people who could help in real life absolutely don’t. Not to mention, for something like this, it’s incredibly difficult not to take a “whatever it takes” approach.
“I mean, it doesn’t matter, does it? Like, I was so drunk, it’s obvious!” I love how this whole scene was filmed, especially right around this part. When she’s right in closeup as she walks back over to sit back down…so effective.
FIN!!!!!!!!!!! Our long, national nightmare has ended.
“Ah, new partner gets coffee. Never did that for me.” “Well. That’s because I know how to train my detectives.”
“…it’s a little sweet. I’ll let it slide this time.” I would die for her…but I don’t understand this “a little sweet” of which she speaks.
“But the session ran out before there was a vote, so we’re stuck with this garbage.” If anyone needs me, I’ll be screaming my rage into the void. Endlessly.
Law & Order: SVU Season 28 Episode 1 sets up all the new partner dynamics very well. The cute, little coffee exchange in the bullpen established what the pairings were actually going to be (for anyone who didn’t learn that from any pre-season interviews that were floating around). Then, watching everyone interviewing suspects gave us a good idea of how good of a fit Curry/Griff and Rollins/Bruno were. (Fin flying solo both makes sense and kinda has me concerned.)
Aimé Donna Kelly just totally stole that scene. I absolutely loved every single reaction Curry had to that suspect, especially the sarcastic sort of grin on “oh? What does that look like?” and that last, unimpressed glance over him before she and Griff left.
“She must not be into trivia.”
“So, you raping her with two of your boys just happened.”
FIN, I’VE MISSED YOU.
Something about that almost conspiratorial look in Rollins’ eye, as she tries to get on Josh’s good side with all the talk about seeing these situations before…just hits.
“Call her back.” [Hangs up and puts the phone down less-than-gently.] That’s how I like my Olivia Benson!
“Look, I know that you don’t want to see your son in trouble. But covering for him?” THE HEAD TILT AND THE JUDGY LOOK.
“These folks might be clowns, but they know not to text anything incriminating.”
Issues with a lot of the Carisi stuff aside, I do appreciate him and the wife having a soft moment in a way that keeps the story moving forward but doesn’t ignore what they are to each other. (And I may or may not have laughed at her reaction to hearing him confronting Liv later in the episode.)
I am, apparently, a sucker for a reflection shot. The couple of times we see Liv gazing at that board, but from the perspective of the board itself, are brilliant.
“THE MOM KNOWS.”
“You know I…I have a son…and every day, I hope—and I pray—that he will grow up to be a good man. But at the end of the day, our children make their own choices. And it doesn’t mean we messed up as parents if they make the wrong choice. But if you teach your son that he’s not responsible for his actions, that is on you. That is a mistake, one that he will pay for. Over and over. Long after you’re gone.” Another great moment from Hargitay.
Also. Every time I’ve griped about Noah seemingly not existing? All it would’ve taken was something simple like this!
I felt so bad for this mom, even before Liv used her as leverage. Covering for Josh early on was wrong. Still, loving someone and wanting to believe they’d never do something like this, wanting to believe you can protect them…it’s complicated and incredibly difficult to see the people you love for the awful thing they’ve become. I’ll say that. This is an area where a series like SVU can try to provide a little nuance and empathy—not some of what we saw a few seasons ago with overly-humanizing the perps themselves.
I hate how much I love Lindsay Mendez in this role because I don’t want her to be doing…this to a victim.
The way Hawkins gets these jurors to think for themselves but with the right line of questioning…Love, love, love.
“He’s good. What is your beef with him? Aside from the tie.” Totally two pals, talking in class about the new kid.
“I hope that wasn’t weird. I—I just couldn’t walk away without saying something.” What if it was weird enough to make Liv adorably confused, yet not weird enough to be a red flag? Hmmm?
“My ADA was very impressed, and very little impresses him.” DEAD.
The one negative thing I’ll say is, if Liv’s been doing this forever, and Gwen’s been doing this forever, how have they seriously never been made aware of one another?
“I’d be worried about any woman you put on this jury.” “I know—I know. They judge other women more harshly.” “They project themselves onto the victim. I would never put myself in that position; this could never happen to me. Therefore, the victim is to blame.” Infuriating, yet real.
“You have faith in the system. I hope you’re right.” Oof.
When Olivia Benson sits back and takes off her glasses like that, you know she’s not having any of this.
“It’s bad for justice.” I like this guy already.
“I just did my job, and I am sorry that…that it wasn’t enough.” Kill me now.
“It’s just, like, kind of messed up that the truth doesn’t always matter.” Again. Kill me now.
Such a great place to slow down and watch Liv really sit with what Emily said.
“You always take your losses so hard?” “No, I don’t.” I want to be like “LOL really,” but also, not? On one hand, Olivia’s so strong. But on the other, she also cares so much. But, but, but she also usually at least covers it better?
“That is the problem—is that nothing has changed. We’re 30 years in, and a jury gets to decide that if a woman drinks too much, then she deserves to be raped.” The gesturing with her glass and the way her voice shakes at one point??? AND THE ANGER in her eyes when she pauses before “that is the problem.”
“My old partner…” Yeah, sure. That’s what he was. Is. Will be. Keep telling yourself that, Captain!
“The world hasn’t changed much in 30 years, and certainly, the perps haven’t.” This line not only sums up the episode, it also sums up our disgusting reality and far too many recent stories—the Cornell 7 chief among them.
Yes, I do like that walk down that hall. Mmmmhm.
“I’d like to go through the proper channels.” Just not Carisi.
“You need to walk away from me right now.” Or…what? So uncalled for.
“That’s why you’re sitting in the courtroom every day, huh? Watching me to make sure I don’t screw up?” Whatever justified sense of betrayal Carisi may have here, the absurdity of thinking she’s in the courtroom for any reason other than to support victims is…a lot. Dude, go to therapy for your insecurities. Seriously.
Everyone on this series belongs in therapy, by the way.
“I did what needed to be done.” Ma’am. Say that in the mirror as many times as you need while you’re at it.