"Tragedy on Rye" is not the only or first time the death penalty and the arguments surrounding it has been explored. It is explored also in for example Season 6's "Savages", though that episode did it better and more tactfully as well as being a much better episode in quality). This time though the disagreement in stance on it is not between McCoy or his assistant DA (Kincaid in that episode) but actually Southerlyn and Branch. Interesting to see a point of view on the issue from somebody other than McCoy.
As far as Season 13 goes, "Tragedy on Rye" is neither one of the best or worst episodes and like the previous episode it doesn't quite live up to the outstanding standard of the first two episodes of the season. It is a solid and well done outing that does a lot right. As said though, the death penalty and the arguments that surround it have been explored with more subtlety and dimension elsewhere (including the aforementioned "Savages" and Season 9's "Agony").
Much is good and even great. The production values are slick and have a subtle grit, with an intimacy to the photography without being too claustrophobic. The music isn't used too much and doesn't get too melodramatic. The direction is sympathetic but also alert. The acting on the whole is fine, Jerry Orbach and Jesse L Martin are such a good pairing and neither disappoint. Sam Waterston is also great.
Likewise with S Epatha Merkerson, who shines in her scene/exchange with Branch which was a dramatic highlight. The writing is taut and thought provoking, with a good deal of talk but it's interesting talk. The story always engrosses on the whole with a case that makes one think.
Elisabeth Rohm still seems stiff and that was my general feeling on her, albeit a few exceptions (i.e. The season opener). The ending felt rather rushed and unrealistic in outcome.
Branch's death penalty argument for my tastes is laid on too thick and comes over as heavy handed, actually found myself being on Southerlyn's side and that is not something that gives me pleasure in admitting considering how inept she is usually.
In conclusion, worth watching but didn't blow me away. 7/10.